Nurse tied to operating table: 4 colleagues in court in Tyrol

After a nurse was allegedly tied to an operating table by colleagues at the Hall in Tirol State Hospital at the end of February 2023 and held there for around 15 minutes, they had to answer to charges at the Innsbruck Regional Court on Thursday, including deprivation of liberty, serious coercion and serious bodily harm. The four defense attorneys pleaded “not guilty” on these counts at the beginning of the trial.

In their opening statements, the lawyers argued in unison that it had been clearly agreed at the morning meeting that they would have to practice a complex operation as nurses. There could be no talk of a “conscious, planned collaboration” or even a criminal offense. The first defendant also agreed with this line of argument in his questioning before Judge Paul Menardi: “Everything was agreed upon.” For a long time, he said, there was also “collegial laughter” during the exercise.

“A very unique sense of humour”

The alleged victim knew that the operation had to be practiced, as such a complicated operation was actually due to take place soon, the defense emphasized. “My client had no practice with this operation, so the practice was necessary,” explained another defense attorney. The fact is, however, that a “cheerful, exuberant mood prevailed,” they argued, which only changed when photos were taken of the alleged victim in a kneeling position: “Then the four defendants immediately untied the woman.”

The woman who was detained – who was working as a surgical assistant at the time – was by no means the “sensitive victim” that she is now being portrayed as. “She also repeatedly made rude jokes with her work colleagues,” stated the defense attorney for the first defendant. He also did not doubt that the photos taken were “the point of escalation.” However, “a very unique sense of humor prevailed in the operating room,” stated the defense attorney for the third defendant. In addition, the woman “laughed along.”

“Cheerful exercise”

The second defendant – who also pleaded “not guilty” – also described that the “positioning” that was actually practiced for the upcoming operation was discussed in the morning meeting beforehand. The “exercise” itself was “cheerful”. In this “relaxed mood” he then took a photo of his work colleague. The background to the action was certainly serious: “We wanted to practice the positioning of arms and legs.” However, it could still be the case that the action got out of hand and “was excessive”. Overall, however, a “friendly, pleasant atmosphere” prevailed for a long time.

The prosecutor had painted a different picture in her opening statement. “The victim said several times that she should be untied.” The fact that it was not a joke is clear from the fact that the woman was struggling with psychological consequences and had also been on sick leave for a long time. “The victim suffered a lot,” she said, summing up the situation.

Victim is now unable to work

The expert Gabriele Wörgötter also confirmed that she had an “adjustment disorder”. “The fact is that the woman was previously healthy enough to cope with her everyday life and her job without any problems,” explained the psychiatrist. Now she is ill and “unable to work for the time being.” “She is afraid and suffers from a depressive disorder,” Wörgötter continued. The incident in the hospital at the time was certainly capable of triggering these symptoms, she emphasized.

According to the public prosecutor’s office, the four defendants, aged 48, 45, 50 and 31, tied their work colleague to an operating table in February last year, kneeling on her stomach with her legs spread, under the pretext of practicing positioning for an operation. Despite her repeated requests to untie her, she was only untied after the third defendant had drawn an anus and a vagina on her work trousers with a permanent marker. The second and fourth defendants are also said to have taken photos of the woman in this position during this time. The four employees who were suspended after the incident stated at the time that it was a “joke”.

Negotiation is postponed

The questioning of the third and fourth defendants was still ongoing in the evening and was supposed to be completed on Thursday. However, an adjournment was fixed. At a further hearing, a witness is to be questioned and the contradictory questioning of the alleged victim is to be played. A date has not yet been set.