Birth Mishap Results in Million-Euro Compensation - Huge Monetary Compensation Claimed as "Pain Allowance" Valued at Over a Million Euros
In a landmark decision, the Regional Court of Göttingen has awarded a young patient €1,000,000 in compensatory damages. This is the largest compensatory damages award ever made by the Göttingen court in a birth-related medical malpractice case involving a hospital association.
The verdict, which is not yet final, stems from a 2016 birth where the court found that the responsible midwife and treating physician failed to initiate a necessary emergency caesarean section, leading to multiple gross errors during delivery. As a result, the newborn suffered from severe physical and mental impairments, including the inability to feed herself and requiring constant care.
The medical errors during the birth also led to the newborn not being provided with adequate oxygen, causing unspecified health issues. After birth, the newborn was not adequately monitored, further exacerbating the damage.
The court determined that the defendants, including the hospital association, should have recognized the poor condition of the unborn plaintiff. Moreover, the defendant hospital association also failed to timely request the specialized emergency service of the university medical center for such cases.
The high compensation amount is a reflection of the gross negligence or multiple serious mistakes made by the medical staff during the birth, particularly in high-risk deliveries. The involvement of a hospital association, which may bear vicarious liability for their employed clinicians’ malpractice, also played a significant role in the award.
Legal recognition of lifelong care and therapeutic treatment costs, which are substantial in cases of severe disability, is another factor contributing to such high compensation amounts.
The court's decision is significant as it highlights the importance of proper medical care during birth. The gynecological birth station of the defendant hospital, where the malpractice occurred, has since been closed.
In the broader context, reducing such cases typically involves improving maternity care quality and safety programs, including multidisciplinary emergency training and fetal surveillance to prevent birth injuries and decrease claims over time.
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