Baby died after birth – opinion of experts: midwife wrongly charged

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A baby died in the DKH Schlading after birth, and there were serious complications with four other newborns between 2010 and 2014. An expert confirmed completely in an expert opinion of a midwife present – wrong! He has to pay for that now.

This incredibly dramatic case for all involved persons, who was negotiated at the Regional Court for Criminal Affairs in Leoben in 2020, was under the skin: Three midwives and a gynecologist from the DKH Schlading had to be responsible for serious consequences in five births between 2010 and 2014, with a newborn girl even died that lasting. Above all, the midwives were accused of not calling specialists or too late for help.

The basis for the indictment of the public prosecutor of Leoben was the report of an expert for gynecology and obstetrics. Even then, lawyer Judith Kolb, who represented a midwife, rejected the expert.

Because his expertise contained the evaluation of and pre -judgment of her client – for example, that she was roughly negligent, she was undoubtedly only only to the death of the baby and was completely failed – who absolutely contradicts the expert duty to objectivity. Nevertheless, the public prosecutor held on to it. Judge Roman Weiß was ultimately who ordered another expert for the sad matter because of the dubious and emotion.

The newly appointed expert found defects in the charges. And confirmed that the midwives and the doctor “had always worked within the therapeutic bandwidth”. As far as the late child is concerned, it was clear to him: “The dramatic matter was not carelessness, but could have been even worse in a university clinic.”

It was clear to judge Roman Weiß that the suspect had not been blamed for the defendants and were tragic, fatal birth processes. On the contrary, he criticized a decision by the office of the styric state government. Among other things, the latter said that a specialist could be at the DKH and that he could be at birth within 30 minutes within 30 minutes. At the time: “I don’t have to be an expert to know that the madness is! We are far, far, far away from a conviction.” The suspect was acquitted.

The midwife, represented by Judith Kolb, has difficulty suing the expert citizen, on the basis of which the indictment was carried out. “If he had investigated correctly, there would never have been an indictment,” says Kolb. The written work of the man was examined by another expert. The – as his predecessor – indicates: “The explanation that the midwife, who was undoubtedly exclusively responsible for the child’s death, was not right.” The statement that the woman’s behavior was “coarse” was also not correct either. The process is now fought and ending with a comparison, including compensation payments for women.

Source: Krone

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