Hans Peter Friedl

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Hans Peter Friedl (born May 22, 1960 , + July 8, 2019 ) was a German trauma surgeon and former university professor .

Life

After graduating from high school, Friedl studied medicine at Ulm University and passed the medical state examination with a grade of 3. In 1991 he completed his habilitation at the surgical clinic of the University of Zurich . From 1997 to 2000 he was medical director of the clinic for trauma surgery at the University Medical Center Freiburg im Breisgau and C4 - professor for trauma surgery at the Albert-Ludwigs-Universität Freiburg . At the time of his appointment, at 37 years of age, he was the youngest surgical professor in Germany.

Retirement

He was suspended from duty in May 2000 on charges of several serious medical malpractices and later tried. He was charged with around 90 misconduct, in addition to serious treatment errors, as well as instructions to subordinates to falsify operation reports and other things. In February 2003 the Freiburg Regional Court sentenced him to a fine of 24,300 euros (270 daily rates ) for one willful and three negligent bodily harm . The public prosecutor's office had demanded a three-year professional ban and two years' imprisonment, suspended on probation. To mitigate the penalty, the judges assessed, among other things, that essential files of the clinic on the most serious allegations had disappeared, as well as the reduction in reputation due to media coverage and a favorable prognosis in the event of a resumption of activity. When she was sentenced to the lowest possible limit, the court assumed that Friedl would be released after disciplinary proceedings. In January 2004 the Federal Court of Justice upheld the judgment; he did not allow an appeal procedure .

The University of Freiburg refused to keep Friedl busy, even if only in research and teaching. Because of his status as a civil servant for life, however, according to a decision by the VGH Baden-Württemberg , he had to continue to be paid his full basic salary from the time of his suspension until the beginning of 2009, although Friedl has lived in Kamloops , Canada since 2001 . The initiation of disciplinary proceedings against him, the aim of which was his forcible removal from the civil service without earnings, was being examined. A judge from another court appointed as investigator for this purpose came to the opinion in a preliminary report after six years of investigation that due to the mild regional court judgment and the high hurdles of Baden-Württemberg's disciplinary law, the intended dismissal lacked a chance of success. A settlement was therefore concluded in early 2009 . Accordingly, Friedl resigned from the civil service at his own request in return for a severance payment of 1.98 million euros and the suspension of all pending proceedings. With the severance payment from the university clinic, lost income from the treatment of private patients and pension claims are compensated. Details from the contract are not publicly known.

The uncovering of the events surrounding Friedl's activity at the clinic and their judicial processing met with a wide response, even in the national media. In March 2009, two lawyers from Freiburg, supported by more than 160 other lawyers from the regional court district of Freiburg, filed a criminal complaint against those responsible for the settlement at the university clinic and the state of Baden-Württemberg on suspicion of budget or official unfaithfulness , as from their point of view a Disciplinary proceedings in the case of Friedl's misconduct at hand are quite promising. Severance payments are not even provided for in service law. The subject was also dealt with in the state parliament of Baden-Württemberg , with the opposition factions demanding the termination of the severance payment, a review of the settlement decision and inspection of the preliminary legal report.

In December 2013, the Freiburg Administrative Court rejected the lawsuit filed by Hans Peter Friedl for payment of the severance pay. An appeal against this ruling was allowed by the court, but was unsuccessful: The administrative court of Baden-Württemberg confirmed the result of the decision in June 2015 without allowing an appeal.

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Individual evidence

  1. Werner Bartens: Malpractice: cut into the artery . In: The time . No. 12/2003 ( online ).
  2. divorce proceedings
  3. Lawyers rebel against deal with doctor , taz.de
  4. ^ Heinz Siebold: No money for surgeon Hans Peter Friedl. The court rejects the claim for severance payment. , in: The Sunday of December 8, 2013
  5. http://openjur.de/u/830496.html VGH Baden-Württemberg, judgment of June 29, 2015 - Az. 9 S 280/14