Offer to Victim (30)

Healthy Uterus Removed: Hospital Backtracks!

The young woman went public via the “Krone” and described the nightmare of her life. Hospital Director Prof. Meinhard Lukas is now reaching out to the victim with an offer.(Bild: Krone KREATIV/Markus Wenzel)

After a false cancer diagnosis, she lost her uterus and any chance of having children of her own. Now there’s a surprising turn of events in the case of a 30-year-old woman from Upper Austria: Kepler University Hospital Linz is taking responsibility and has presented the patient with a comprehensive settlement offer. Her attorney now plans to review the offer.

Just over a year ago, the 30-year-old’s worst nightmare began. Following a miscarriage, a tissue sample was examined at the Kepler University Hospital (KUK) in its in-house pathology department—with far-reaching consequences: Doctors diagnosed a highly aggressive tumor and told the young woman there was no time for a second opinion.

The suspicion raised by the hospital in Linz was also confirmed by the pathology department at the Medical University of Graz. In an interdisciplinary tumor board meeting, which also had access to imaging diagnostics, the decision was made: “Surgery must be performed immediately.”

It is now clear: The tissue sample was contaminated before being examined at the hospital
In early August 2025, her uterus, both fallopian tubes, and one ovary were removed. It wasn’t until weeks later that the 30-year-old learned she had never had cancer. The original tissue sample had been contaminated; there had been no medical reason for the irreversible procedure.

The young woman went public via the “Krone” and described the nightmare of her life. Hospital director Prof. Meinhard Lukas is now reaching out to the victim with an offer.(Bild: Krone KREATIV/Markus Wenzel)

“They’ve damaged me for life. I’m not just a number. I’m a human being,” the woman from Upper Austria said in an interview with the “Krone.” According to her own account, she lived for months in fear of dying soon: “For almost two months, I woke up every morning—and believed I was going to die.” This was followed by an investigation by the public prosecutor’s office, failed settlement talks, and preparations for a trial. 

The Kepler University Hospital is deeply sorry that this misdiagnosis occurred and that the patient has suffered these consequences.

Prof. Meinhard Lukas, Kepler-Universitätsklinikum Linz

Now there may be a breakthrough in the deadlocked legal dispute between the Kepler University Hospital and the aggrieved patient: The Linz hospital acknowledges liability “in principle.” This means that in any potential court proceedings, it will no longer be necessary to determine whether the fatal misdiagnosis was due to an error by the hospital or to a series of unfortunate events. According to the hospital’s wishes, the 30-year-old woman should no longer have to argue over this central issue.

The new managing director and head of the Kepler University Hospital, Professor Meinhard Lukas, said in an interview with the “Krone” on Tuesday morning: “We simply want to ensure that the patient does not have to grapple with this question.” He continued: “The Kepler University Hospital is taking responsibility in this manner.” 

The patient no longer has to grapple with the question: Was a culpable error on our part, or was it simply a twist of fate?

Klinik-Chef Prof. Meinhard Lukas

For the hospital manager, it is clear that the error occurred within his own institution, even though it happened long before he took office. Lukas stated: “It’s clear that it was an incorrect diagnosis. It’s clear that this was the reason the uterus was removed. It would not have been removed if the diagnosis hadn’t been incorrect.” 

The timeline of the case

June 13, 2025: Following a miscarriage, the then 29-year-old woman undergoes a dilation and curettage at Kepler University Hospital. The removed tissue is examined.

July 24, 2025: Doctors inform the woman that a highly aggressive tumor had been discovered in the tissue sample. There was no time for a second opinion.

August 5, 2025: Her uterus, both fallopian tubes, and one ovary are removed. One day later, the patient is discharged with a cancer diagnosis.

August 21, 2025: According to the medical records, the final findings are already available internally: no tumor is found in the removed tissue.

September 16, 2025: The patient learns that she never had cancer. The cause was a contaminated tissue sample.

October 2025: The lawyer receives the medical records. They reveal that the original tissue sample had been contaminated with that of another patient.

January 2026: The “Krone” newspaper makes the case public. Kepler University Hospital announces that it will commission an external expert opinion.

February 2026: The Linz Public Prosecutor’s Office launches an investigation into suspected negligent bodily injury.

May 2026: The hospital transfers 70,000 euros to the patient. Settlement talks fail.

June 2026: The new KUK managing director, Meinhard Lukas, acknowledges liability on the merits of the case. This is intended to spare the patient a protracted trial over the question of fault.

Back in May, the Kepler University Hospital had already transferred 70,000 euros to the 30-year-old. This payment remains in effect and is part of the compensation. However, from the hospital’s perspective, the matter is not yet closed—partly because the woman’s attorney, Rainer Hable, rejected this settlement, as reported by the “Krone.” 

To clarify what additional claims the woman may be entitled to, the hospital proposes appointing a jointly selected, court-sworn expert. The University Hospital has proposed three experts but, upon agreement, will also accept a candidate nominated by the lawyer. In any case, the expert opinion is intended to form the basis for an out-of-court settlement. “The hospital will cover the costs of the expert opinion,” says KUK Director Meinhard Lukas. 

Another point in the offer is particularly far-reaching: The hospital does not want to be held liable only for the consequences of the fatal procedure that are known today. Even if the 30-year-old woman suffers further health, psychological, or financial disadvantages in the coming years, these are to be covered by the acknowledgment of liability. If, however, no agreement is reached, the only issue left to be resolved in court would be the amount of damages. “It would no longer be a question of whether the hospital is fundamentally liable for the consequences of the surgery,” explains Lukas, who is himself one of the country’s most renowned lawyers and has made the case a top priority. 

All the facts must be laid out on the table so that it is clear what happened. We must ensure that something like this never happens to another woman again.

Dr. Rainer Hable, Anwalt des Opfers

How are the victim and her attorney responding to this offer?
Rainer Hable, the young woman’s legal representative, received the offer from the attorney for Kepler University Hospital on Tuesday. He now wants to discuss the matter with his client at his leisure but does not yet wish to comment on the details.

In an interview with the “Krone,” he explains: “All the facts must be laid out on the table so that it is clear what happened. Above all, we must ensure that something like this can never happen to another woman again. That was already important to my client at the time she went public with her story. At that moment, she wasn’t thinking of herself, but of all the other women.”

Regardless, the criminal investigation is continuing
The Linz District Attorney’s Office is still pursuing charges of negligent bodily injury. The hospital’s acknowledgment of liability does not change this, as it pertains exclusively to the civil aspect of the case.