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Prague neurologist sentenced over gynecological examination of epileptic patients

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Prague, Czech Republic – A Czech neurologist and epilepsy expert received a suspended sentence this week in a long-running case pending seven years.

On Tuesday, a criminal court of appeal issued a six-month suspended sentence with one-year probation to Martin Tomášek for performing gynecological examinations of epileptic patients without their consent between 2013 and 2015, the Czech News Agency reported.

According to the prosecutors, the Prague-based neurologist did not have a legitimate reason to perform the gynecological examinations, did not receive the proper authorizations nor the consent from his superiors and the patients themselves.

The indictment also notes that no nurse was present and that the doctor did not enter the examination in the official medical records of the Motol University Hospital.

The prosecution further notes the four women concerned now suffer from post-traumatic stress disorder. Their claim for financial compensation has been referred to the civil court.

The defendant denies he abused the trust of his patients, instead claiming that the procedure was performed for scientific research and that all the women had agreed beforehand.

“I believe I am authorized to perform these examinations. That doesn’t mean I think I can do anything I want,” M. Tomášek said on Tuesday, adding that “there was no coercion, and therefore no misleading on my part”.

The difficult case had been seven years in the making. Last year, the Prague High Court acquitted M. Tomášek and sent it to the Medical Chamber of the Czech Republic for internal evaluation and possible disciplinary action.

But the Czech Supreme Court later issued a binding legal opinion that the alleged must be treated as a criminal case and sanctioned as such.

On Tuesday, the judge further rejected the prosecutor’s demand that the defendant be banned from practicing for a period of three years.

Headed by Kafkadesk's chief-editor Jules Eisenchteter, our Prague office gathers over half a dozen reporters, editors and contributors, as well as our social media team. It covers everything Czech and Slovak-related, and oversees operations from our other Central European desks in Krakow and Budapest.