Tchad: court absolves surgeon after patient’s death during surgery

The N’Djamena Court of First Instance delivered its verdict today in a medical malpractice case involving a surgeon charged with “involuntary manslaughter” following the death of a 60-year-old patient during an operation.

The defendant acknowledged the factual circumstances of the incident but denied any professional misconduct. The defense argued that surgical procedures inherently carry risks, even in top-tier healthcare systems. The lawyer emphasized that the patient’s family had provided prior informed consent, as evidenced by a signed liability waiver. Additionally, the defense highlighted the surgeon’s exemplary career and past dedication, requesting leniency while asserting the absence of criminal intent.

In its closing arguments, the prosecution called for the defendant’s acquittal, arguing that no evidence in the case file demonstrated intentional medical negligence or direct causation of the patient’s death. The prosecutor cautioned against excessive judicialization of medical acts, warning it could foster an unhealthy climate of mistrust between doctors and patients.

After careful consideration, the court ruled in favor of the prosecution’s position. The surgeon was acquitted of involuntary manslaughter charges and found not guilty on the primary accusation. However, the court imposed a civil fine of 50,000 West African CFA francs, though the precise legal reasoning behind the monetary penalty—likely tied to procedural costs or minor civil liability—was not detailed during the hearing.