Austria: Trial Begins Over Alleged 12‑Year‑Old Daughter’s Participation in Surgery

In Graz, prosecutors have charged two surgeons with allowing a 12‑year‑old daughter of a doctor to sit in the operating room and drill a hole in a patient’s skull, sparking a criminal case.

Prosecutor’s allegations

Prosecutors in Graz claim that two surgeons let a 12‑year‑old daughter of a doctor sit in the operating room and drill a hole in the patient’s skull, a breach of medical and criminal law. The complaint was presented in court in January 2024, and the prosecutor said the conduct shows profound disrespect for the patient and could have caused serious harm.

Medical background of the case

The surgery involved a man who suffered a skull and brain injury after a heavy branch fell on his head during forest work. He was transported to a hospital in Graz, Austria, where the operation was performed to save his life.

The doctor, who is also the mother of the alleged participant, claims she performed the drilling alone.

Defence’s counter‑argument

The surgeons’ defence maintains that the 12‑year‑old did not operate the special drill, but merely placed her hand on the surgeon or on the drill while an incision was made. They argue that the operation had no complications or negative outcomes.

They denied the prosecutor’s claim that the child actively handled the equipment and stated that allowing her presence was a mistake.

Prosecutors cited criminal code provisions that consider medical procedures carried out by unqualified staff as bodily harm, punishable by up to one year in prison or a fine.

A verdict is expected after the next hearing.

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