Landmark ruling by German Supreme Court sees young parents awarded compensation for doctor’s negligence

Dr Horn, Fischer & Collegen’s (Konstanz, Germany) success in gaining compensation for a young female client aged 20 who fell pregnant due to her gynecologist’s negligence has set a new precedent for German law.

Following the gynecologist’s failure to successfully implant the desired contraceptive in the client’s upper arm, and the client’s subsequent pregnancy, Dr Horn and his associates not only secured compensation for the mother but also for the father as damages for the undesired pregnancy.

Speaking about the landmark decision, Dr Horn said:
“Finding a physician liable for malpractice is not a new development; the case in point occurred essentially in the sector of contractual compensation for damages. In previous cases, physicians were sentenced to pay alimony compensation for malpractice damages when they had administered ineffective birth control. However, these cases involved mothers who lived in a stable partnership and had already planned their career and family.

“This case sets a precedent because our client had not finalised her career or family plans. The gynaecologist’s lawyer argued that, as our client could not rule out a later desire to have children, she was not entitled to damages for the unplanned pregnancy.

“Another attorney initially represented our client in court. When we stepped in, we extended our client’s appeal to the father. This was justified because he would have to pay child support to the mother after the child’s birth. We argued that the treatment contract between the gynaecologist and his patient also implied protection for the potential father against an unwanted child.

“The Supreme Court in Karlsruhe’s ruling in our favour sets a new precedent. It can be considered an indication of changing social views toward planning children and families. Even a young woman who may later desire children (though not at the time of the contraception) can claim child support as a form of damage. However, the father of an unwanted child can also demand compensation in the same way, even if he were not involved in a stable relationship with the mother.” Dr. Horn and his associates are awaiting a possible appeal against the decision.



Dr. Horn, Fischer & Collegen

Rechtsanwälte

Seestrasse 1
D - 78464 Konstanz
Germany

Telephone: +49 7531 59 560
Fax: +49 7531 59 5699
eMail: konstanz@ra-horn.de
Internet: www.ra-horn.de