Chad court acquits doctor after patient death during surgery

Chad court acquits doctor after patient death during surgery

The Tribunal de Grande Instance de N’Djamena has delivered its ruling today in a medical malpractice case involving a surgeon charged with « involuntary manslaughter » following the death of a 60-year-old patient during surgery.

During the trial, the defendant acknowledged the factual circumstances but denied any professional misconduct. The defense focused on therapeutic uncertainty, emphasizing that all surgical procedures carry inherent risks, even in the most advanced healthcare systems. The lawyer highlighted that the patient’s family had previously provided informed consent, documented by a signed liability waiver. While pleading for leniency based on the doctor’s exemplary career and past dedication, the defense argued that no criminal intent was involved.

The prosecution, in its closing arguments, requested the acquittal of the accused. The prosecutor argued that no evidence in the case file demonstrated intentional medical negligence or clear oversight directly causing the patient’s death. They cautioned against the excessive judicialization of medical acts, warning it could foster damaging distrust between doctors and patients.

In its verdict, the court sided with the prosecution. The surgeon was found not guilty of involuntary manslaughter and fully acquitted of the main charge. However, the tribunal imposed a civil fine of 50,000 West African CFA francs, though the precise rationale behind this monetary penalty—possibly tied to procedural costs or minor civil liability—was not further clarified during the hearing.

theafricantribune