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No muzzle for patients of the controversial Berner star surgeon

The Bernese physician and Professor Max Aebi must corners before the Supreme court defeat. Run against him in the framework of the implants scandal investigations. At the end of December 2018, he had obtained at the Bern public Prosecutor's office, all Involved parties but especially for the affected patients, and patients were assigned to the breast-patient confidentiality. You should especially not speak to the media. The complaint of a patient and their lawyer is on the other hand the Bernese Oberland court, on 12. March but approved. The decision was now open to the public.

The Tamedia-Recherchedesk made at the end of November 2018 public, Max Aebi was involved in the development of the artificial disc, Cadisc-L, a British company Ranier. He sat, together with a Swiss Professor, in the scientific Advisory Board of the company. The implant came on the market, although had shown in Tests on monkeys of the problems.

implant decomposed in

Later, the prosthesis causing patient to the part of hell of a pain, because they are decomposed in the back of the Affected. Doctors in Germany, Holland and Belgium had to operate the wheel in the opposite 90 cases. The same thing happened at least one patient in Switzerland. Aebi had used the implant according to its own figures, between 2010 and 2014 at the Bern Salem-Spital, Hirslanden group of seven Concerned.

After the scandal had become public, opened the Bern public Prosecutor's office on 14. In December 2018 a criminal case against the orthopaedic surgeons. They determined, among other things, due to severe body injury. For Aebi, the presumption of innocence applies. to prevent

To further media reports, demanded Aebi for all parties to a prohibition of Communication. He justified his request on the fact that for him the presumption of innocence applies and he is for the media to be particularly interesting Person.

The Supreme court did not apply the arguments of Aebi and the Prosecutor's office.

to protect The competent state Prosecutor, was called up in mid-June, 2019, the temporary ban is good, but not for the reasons Aebi put forward, but to the procedure. She wants to prevent the star surgeon is prejudiced by unprofessional reporting and the impact on any process, could be up to a reduced penalty.

The Supreme court did not apply the arguments of Aebi and the Prosecutor's office. "Very few people will see or hear negative headlines u?about in the media. ln many cases, such headlines both personal as well as economic consequences, fu?r those Concerned", the panel consisting of two judges and a judge. It is true that the media attention is higher in this case than in other criminal investigations. The surgeon is not virtue, but to explain why his interests would differ from those of other accused, which were the focus of the media.

not impacted

If you would allow it to be for the protection of his interests, a quiet-patient confidentiality, would have to be the result correctly in every case possible, in the media reports, arguing the judge. However, this would "not mean the guarantee of the offender protection that the law provides so."

in Addition, you could not make the presumption of innocence on the fundamental right of freedom of expression. It was only in a very special Situation conceivable. "Such extraordinary circumstances do not exist here," stated the judge.

Also, the Argument of the Prosecutor, the witnesses could not be influenced by media reports, accepted by the court. The patients would be brought "only in individual points, in part, to a greater extent incriminating statements to log". At the same time they have also made exculpatory information. It is not expected that this will change in future interviews. "Overall, the statements seem to be very little of the press influenced", it says. The judgment is final.

(editing Tamedia)

Created: 16.05.2019, 22:29 PM

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