Tragic error – fatal mistake: patient (84) received an overdose

Fatal error in a nursing home in Mühlviertel: a seriously ill resident (84) received an overdose of a high-risk drug. Instead of weekly, the victim received the medicine daily. The Linz public prosecutor’s office has filed a – not yet legally binding – criminal complaint against the responsible nursing officer for grossly negligent homicide.

It was a tragic oversight that unfortunately led to the death of an 84-year-old. The mistake is said to have happened while the medication plan was being drawn up by the nursing manager (50) at the Mühlviertel retirement home. From the end of January, the seriously ill resident had been given the substance methotrexate (a drug used to treat cancer) every day instead of just once a week. The whole thing took place over a period of about 14 days, resulting in inflammatory processes in the area of ​​the mucous membranes. When the 84-year-olds inhaled, the airways blocked – she suffocated. Her death occurred on February 11th. The Linz public prosecutor’s office filed a criminal complaint for grossly negligent homicide (sentence of up to three years imprisonment). When examining this application, however, a single judge at the Linz Regional Court came to the conclusion that it was only an average negligent homicide (sentence of up to one year in prison or 720 daily sentences). “The public prosecutor’s office has lodged a complaint against the decision,” said Walter Eichinger, Vice President of the Regional Court. The higher regional court now has the final say. There the decision is made as to whether the process has to be heard before the regional or district court.
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