Facts
On August 1, 1999, A. was admitted to the hospital in Schwyz after a skateboard accident. Dr. X., the doctor on duty, examined him and concluded that he had no head injury. A. was released from the hospital and was entrusted to his girlfriend. However, he was readmitted to the hospital a few hours later with a significant epidural hematoma and underwent emergency surgery. He subsequently suffered from permanent sequelae.
The cantonal court of Schwyz convicted Dr. X. of serious bodily harm through negligence and sentenced him to a fine. Dr. X. appealed to the Federal Court, arguing that the cantonal court had erred in assessing his criminal liability.
Considerations
3. Criminal Liability of the Doctor
The Federal Court examined Dr. X.'s criminal liability under Article 125, paragraph 2, of the Swiss Criminal Code. The court considered that Dr. X. had violated his duties of diligence by not taking into account all the information available on A.'s state of health, including the information provided by the paramedics and the symptoms presented by A.
4. Assessment of Criminal Liability
The court assessed Dr. X.'s criminal liability by considering the circumstances of the case, including the fact that Dr. X. had acted under time pressure and that the information provided by B. was false. However, the court considered that Dr. X. should have taken into account the available…