[Forensic assessment of suspected medical malpractice and outcome of preliminary proceedings against medical practitioners]. / Rechtsmedizinische Begutachtung bei Behandlungsfehlerverdacht und Ausgang arztstrafrechtlicher Ermittlungsverfahren.

ABSTRACT

In a retrospective study, all autopsies performed at the Institute of Forensic Medicine of the Justus Liebig University of Giessen between 1968 and 2007 for suspected medical malpractice with fatal outcome were evaluated and analysed with regard to the reason for initiating preliminary investigations and the medical specialties involved. In 109 cases, the prosecution files could be inspected as to the outcome of the proceedings. As there are hardly any comparable studies in the German-speaking countries, the data were compared with the results of two older studies. In many cases, medical malpractice could be excluded directly at the end of the post-mortem examination. Most of the charges were dropped according to Section 170 subs. 2 Code of Criminal Procedure.