Long Presentation

Defendant Doctor Focused on Expert Testimony

Attorney Stefan Holter (left) with the accused doctor(Bild: Markus Schütz)

The trial of a general practitioner charged with grossly negligent homicide at the Wels Regional Court (Upper Austria) was adjourned on Thursday. The doctor is alleged to have recommended several non-evidence-based active ingredients to a 44-year-old cancer patient and to have prescribed two medications for off-label use, which, according to the prosecution, led to multiple organ failure. The defendant pleaded not guilty.

The doctor is accused of prescribing additional active ingredients and medications to the woman without informing her and without consulting the treating oncologist. The patient was already undergoing chemotherapy and had significantly elevated liver enzyme levels. She died shortly thereafter, in September 2025. “My client expressed his condolences to the family before the trial,” said attorney Stefan Holter at the outset, noting that the deceased had had complete trust in his client and certainly would not have wanted him to now be standing trial.

Expert Report’s Conclusions Questioned
During the trial, the accused doctor challenged the conclusions of the expert report incriminating him and countered it with studies and research findings he had uncovered himself. “The question here is whether I killed this woman; my entire livelihood is at stake,” he said. He pointed out that the patient had complained of severe abdominal pain and had ultimately undergone surgery due to an intestinal infarction. According to the defense, this was the cause of the patient’s death but had nothing to do with the treatment provided by the 63-year-old.

Memory Lapses
The doctor became entangled in contradictions when the judge asked whether he had told the patient, “She should inform her treating oncologists about his new adjunctive treatment.” He could not confirm this unequivocally, saying he could not recall the details precisely, but he stated with certainty that he had told her: “Show me that.” According to the initial questioning, he left it up to her whether she wanted to do so. The defendant emphasized that he had, in any case, advised the patient against discontinuing chemotherapy, viewing his treatment only as a supplement to help the chemo work again.

Complementary Treatment to Be Seen as More Than Just a Patient
The woman’s friends and family testified about their impressions. The patient had recently completed her sixth cycle of chemotherapy. She didn’t look healthy at all afterward, reported the witness, who had been with her at a spa. During that time, the patient had told her about the “new doctor and his treatment.” She had wanted a complementary treatment where she would be seen as more than just a patient. The witness had been skeptical from the start, especially since the doctor was said to have remarked during a conversation: “It will be expensive. But I’ll help you—you won’t die.”

New Studies Introduced at the Last Minute
The defendant did not deny having prescribed her a dose of a specific antibiotic and a painkiller before chemotherapy to alleviate resistance to the treatment. However, studies he introduced at the last minute during the trial were intended to substantiate that this had not led to the harms alleged by the prosecution. In a presentation lasting nearly 90 minutes, the doctor focused on the expert report, attempting to refute its conclusions.

Trial Adjourned Indefinitely
The court subsequently adjourned the trial indefinitely, as another expert opinion is to be obtained, the current expert opinion is to be refined, and new witnesses have been requested. No date has yet been set. If convicted, the 63-year-old faces up to three years in prison.