Facts
The appellant, [F.A.] , is the husband of the deceased [K.A.] , who died in March 2002 as a result of cancer treatment. The treatment consisted of a combination of radiation and administration of the medication 5-Fluorouracil (5-FU) by infusion. The appellant filed a criminal complaint for negligent homicide and requested the revocation of the public prosecutor's decision to discontinue the proceedings.
The Zurich District Court dismissed the appellant's appeal, and he filed an appeal with the Federal Supreme Court. The appellant argued that the lower court had wrongly confirmed the discontinuation of the criminal proceedings, as the doctors and the manufacturer of the medication had violated their duties of care.
Considerations
The Federal Supreme Court examined its jurisdiction and the appellant's standing. It found that the appellant, as the deceased's widower, was entitled to appeal and that the appeal was admissible.
The Federal Supreme Court applied the law ex officio and examined the violation of fundamental rights and cantonal and intercantonal law. It found that the lower court had wrongly confirmed the discontinuation of the criminal proceedings, as the doctors and the manufacturer of the medication may have violated their duties of care.
The Federal Supreme Court concluded that the high-dose 5-FU therapy is to be classified as an established treatment standard and that the…