Tragic Rescue Operation Mishap Overturned by BGH
Reversal of Initial Decision in Rescue Operation: Federal Court of Justice Overturns Previous Judgment - Insufficient Response in Emergency Intervention?
In heart-wrenching circumstances, speedy aid can make the difference between life and death. Regrettably, this wasn't the case for a pregnant woman hailing from Mecklenburg-Vorpommern in early 2017. Plagued by distress during her pregnancy, the woman and her partner made an emergency call, but help was slow to arrive. Her child was born via emergency C-section at the hospital that night, suffering from brain damage due to oxygen deprivation. Lamentably, the infant succumbed to the repercussions at the age of one.
The Federal Court of Justice (BGH) in Karlsruhe has now taken up this heartrending issue. The parents, mourning the loss of their child, have brought a lawsuit against five surrounding districts and independent cities in Schleswig-Holstein and Mecklenburg-Vorpommern. They claim that the control centers failed to dispatch an emergency doctor promptly and blame the centers for loss of information during communication, conflicting with their official duties.
Ultimate Appeal: Karlsruhe
The grieving parents have so far met with disappointment in their legal pursuit of compensation and damages for their suffering. Their last hope lies with Karlsruhe. Appearing before the highest German civil court, they successfully appealed against the dismissed lawsuit by the Schleswig-Holstein Higher Regional Court (OLG). As presiding judge Ulrich Herrmann stated, the decision of the OLG colleagues in the north raised "many doubts." He was particularly critical of their failure to obtain an expert opinion on the delicate subject matter. As a result, the Third Civil Senate overturned the OLG's judgment and remanded it back for a re-hearing and ruling by another senate.
Plaintiffs' Woes
The entire sequence of events – from the pregnancy complications, to the actions of the rescue services, and the loss of their son – continues to feel surreal to the plaintiffs, as expressed through their lawyer ahead of the hearing. They expressed that a medical emergency can happen to anyone. However, their ordeal was unique and should never happen to others in the future. The lingering sense of "Inability to Believe" will stay with them indefinitely, the grief-stricken parents said, as will the pain of losing their beloved son and the life they could have shared with him.
The Karlsruhe Senate provided the OLG with a "guidance note," outlining some instructions for the court's further proceedings. If the court concludes that the control centers have breached their official duties, they must also weigh whether this conduct caused the infant's health damage. If it can be shown that there was a gross negligence in the discharge of official duties, the burden of proof would shift to the defendant cities and districts. They would need to prove that the errors of the emergency dispatchers did not cause the harm.
- Federal Court of Justice
- Rescue Operation
- Karlsruhe
- Mecklenburg-Vorpommern
- Emotional Distress
- Miscommunication
- OLG
- Emergency Doctor
- Legal Dispute
- Partner
- Gross Negligence
- The grieving parents are seeking compensation and damages for their emotional distress, which they believe stems from the miscommunication and slow response from the emergency services during their loss in Mecklenburg-Vorpommern in 2017.
- The Federal Court of Justice in Karlsruhe has taken up the legal dispute, overturning the dismissed lawsuit by the Schleswig-Holstein Higher Regional Court (OLG) due to the OLG's failure to acquire an expert opinion on the matter.
- The Senate in Karlsruhe has provided the OLG with a "guidance note," instructing the court to determine if the control centers breached their official duties and whether their negligence contributed to the infant's health damage.
- Regarding the tragic rescue operation mishap, the parents stated that such a medical emergency can happen to anyone, and they hope that lessons are learnt from their case to prevent similar incidents from occurring in the future.
