For malpractice at the time of his birth a since then, the severely handicapped child gets 500,000 euros for Pain and suffering awarded. The decision of the higher regional court of Oldenburg, in the case of a now-eight-year-old girl from the district of Gütersloh, in North Rhine-Westphalia. The child will be instructed with severe brain damage for life on foreign aid, told the court.
The defendant hospital in the district of Osnabrück, as well as a Doctor were also obliged to replace the girl of his life all pecuniary damages it has incurred from the gross treatment errors or arise in the future.
The court of appeal upheld his decision Wednesday Essentially, a first-instance judgment of the district court of Osnabrück. The pain money was in the face of a serious medical error to be appropriate, it said. The judgment is not yet final.
Doctors confuse heartbeat of the mother with the child
In the case of the birth of the girl, it had come to complications with his heartbeat. This was not recognized according to the court, over a period of more than ten minutes, however, because of the so-called CTG contractions clerk recorded temporarily no heart beats of mother and child. As he did this again, the staff kept the heartbeat signal of the mother for the child, and held the position, therefore, stable.
But actually, it was the heart sounds of the mother. As the error was noticed, it was already too late. The child had suffered a loss of Oxygen, severe brain damage.
The Doctors had to do in any other way from the condition of the child, convince, founded the Oldenburg court of the decision. The judges joined in the opinion of the experts who had classified the operations as a “gross treatment errors”.
The Doctors would have allowed, therefore, in the delicate Situation, not over a period of ten minutes with a non-descriptive CTG content. You would have had to take other diagnostic measures, such as the vital functions of the Child, in addition with a so-called scalp electrode can detect.
Previously, the regional court of Osnabrück had detected further errors. Thus had begun after the birth of the resuscitation is not immediately, there is no Ambu bag was ready, the mask ventilation was faulty, and an ambulance had appeared ten minutes late.
Az. 5 U 108/18