On the question of what profession he wanted to take, Wolfgang Janisch during his law studies, a standard answer: criminal defense attorney. Really seriously that was meant, and today he is glad it came to nothing, although he keeps the Job for one of the most important in the rule of law. So instead journalism: After various stations in regional Newspapers (Mainzer Rhein-Zeitung, Südwest Presse), and the FAZ, as well as a legal Promotion, with a one-year study stay in the USA, he went, in 1997, as a justice, a political correspondent for the German press Agency to Karlsruhe. Jura from the other side, as an observer of the Federal constitutional court and the Federal court of justice. Since 2010, reports and comments for the SZ. In the meantime, he also writes about the European courts; the location - Karlsruhe, Germany - has remained the same.have triggered an E-Mail to send
The judgment of the Oberlandesgericht München from December 2017, is expected in the hospitals and doctor's offices of the Republic of unease. 40 000 euros for Pain and suffering should pay a doctor, because he ate to advanced dementia patients for years via a stomach probe, against any medical indication. This Tuesday, the Federal court of justice has been negotiating the Revision against this judgment. After the course of negotiations, the Munich decision is likely to be keep.
The case sheds a depressing light on the sometimes hopeless situation for the most severely ill patients. Since 2003, the man suffered from advanced dementia, in 2006, he got a PEG feeding tube through the abdominal set ceiling, from 2008 on, he was completely unable to move or communicate. He survived several inflammations of the lungs and gallbladder, until he died at 82 years of age, at the end of 2011. In the last few years in the USA living son Heinz Sening efforts had been made to put an end to Suffering, but the doctor gave him the brush-off. Represented by the Munich lawyer, Wolfgang Putz, complained Sening finally, on pain of money as well as compensation of asset damages, a total of 150 000 Euro. And because the doctor had not informed the caregivers of the patients about the fact that a continuation of artificial nutrition was no longer medically indicated. The district court dismissed the action, the court of appeal recognized, on pain of money.
The doctor should be liable because he has chosen to Die? "Here we are in a very sensitive area," said the Supreme court Senate Chairman Vera von Pentz. Because the Patient had left no expression as to whether he wanted to be fed in such a painful situation, artificially or not. No patients, no word to relatives or Trusted. The judge had considerable doubt, whether in such a Situation, the courts compensation can recognize - because you would have to decide, ultimately, about the value of life. But the Constitution forbid it. "It is human knowledge, whether life is unworthy or not is beyond. This may decide the Individual."
Pentz pointing out that these are only preliminary Considerations. But the skepticism was unmistakable, by the way, also with regard to the replacement of property damage. The purpose of a medical education on medically necessary follow-up measures did not Yes, "to prevent the financial burdens associated with a suffering-ridden life."
With a brilliant plea tried Richard Lindner, who represents the plaintiff before the Supreme court, to turn the tide. From his point of view, it is a Signal that futile treatments are not tolerated at the end of life for longer. "Modern medicine has to admit, it's a life in Dignity." And this means that Doctors need to prevent unnecessary Suffering. "We are shirking the responsibility to say, it is coming to an end, and just continue." Sometimes economic interests are behind it - there is also "profitable patients", for example, in the case of artificial respiration. The lawyer of the doctor, Siegfried Menne Meyer, warned against the greed of the health insurance companies. The more life, as a replacement capable of "harm should be acknowledged", you would will have to check when he would actually have to die.