By Anne Losensky
A nurse thinks he’s smarter than the doctors. He doesn’t use ventilators because he thinks it’s enough just to be careful…
Tiergarten District Court. Accused: Nurse Jacek A. (57). Allegation: negligent bodily harm. It’s about a little boy. Born in Berlin in August 2017 with a genetic disease. The baby is in intensive care for a long time, ventilated around the clock. At the beginning of May 2018, the parents brought it to Neukölln. The defendant is responsible for home care.
According to the indictment, the carer was “expressly advised not to make any unauthorized attempts at weaning from the administration of oxygen”. But: May 27th, ventilator off. 14 June, O2 monitor off. Three days later the catastrophe: cardiac arrest after feeding.
The caregiver resuscitated, the child survived, but with severe neurological damage. Nevertheless, the defense attorney demands an acquittal for the nurse: “A scapegoat is being sought here. There was no written medical order for permanent ventilation. He monitored the child. It had choked.”
The child’s father (45): “I was working, he was responsible for the care. He broke the child.” The child’s mother (38, housewife): “He fed, I heard strange noises. He immediately rendered first aid.”
The nurse: “I’m sorry that it came to this.” Judgment: 4800 euros fine (160 daily rates of 30 euros, negligent bodily harm).
The judge: “Not to stick to what the doctors say with one eye openly borders on intent.” If the process had come earlier, “one would have had to think about a professional ban”. But nothing bad has happened in five years…
The proceedings against the formerly co-accused parents have been discontinued due to insignificance.