Svea Court of Appeal passes its judgment in a case regarding three acts of gross assault at Karolinska Hospital in Huddinge and Solna between 2011 and 20122023-06-21
The Court of Appeal finds that the surgeon, in all three cases, has removed the patients’ tracheas and replaced them with synthetic tracheas. The Court of Appeal also finds that that the patients have been inflicted physical injuries and suffering.
In accordance with the findings of the District Court the Court of Appeal finds that the surgeries have not been performed in accordance with science and proven experience.
The Court of Appeal finds, as opposed to the findings of the District Court, that the surgeon has not acted in a case of emergency when the surgeries were performed on the first and the second patient.
The Court of Appeal finds that the surgery on the third patient was done in a case of emergency but, despite this, was indefensible.
The Court of Appeal does not question that the surgeon hoped his method would work. Despite this, the Court of Appeal has found that the surgeon has acted with criminal intent. The investigation shows that he has realized the risk that the procedures would cause the patients physical injuries and suffering and that he was indifferent to the realization of these risks.