Monetary compensation of €1 million awarded for disabled child due to childbirth mistake - Recommendation for a radiation safety regulation for workers' welfare, sought by the Commission, involves the development of a directive on shielding them from radiation hazards.
In a groundbreaking decision, the Regional Court in Göttingen, Germany, has awarded €1 million in compensation to a child who was born with severe physical and mental impairments due to mistakes made during their birth in 2016. The birth took place at a hospital in Göttingen, and the court proceedings were also held in the same city.
The court's decision came after it was established that the mistakes during the birth led to the child's current impaired condition. However, the court records do not specify the nature of the mistakes made or who is responsible for them.
The child, who requires constant care due to their health complications and is unable to eat independently, was not provided with adequate oxygen after birth, and their health complications were not addressed adequately. Furthermore, a C-section was not performed during the birth, and the staff at the defendant hospital failed to call in neonatology specialists from the University of Göttingen Medical Center for the child's case.
Common medical mistakes during birth that can cause severe physical and mental impairments include mismanagement of fetal distress, improper use of delivery instruments (forceps, vacuum), delayed or inappropriate cesarean section, failure to monitor oxygen supply leading to hypoxia or asphyxia, and diagnostic errors failing to detect critical congenital anomalies or complications in time. Such mistakes can result in conditions like cerebral palsy, brain damage, or lifelong disabilities.
In Germany, cases of severe birth injuries can lead to substantial financial settlements or court-ordered damage payments, including compensation for pain and suffering (Schmerzensgeld). Compensation amounts depend on the severity of impairment, lifelong care costs, and the degree of medical negligence. For example, a record compensation of €1 million was awarded to a child severely disabled since birth due to gross medical error.
The Regional Court in Göttingen follows similar legal principles in medical malpractice and personal injury claims, meaning compensation can reach high sums in severe cases. The court assesses medical evidence proving negligence, the extent of physical and mental impairments, the impact on the quality of life, and long-term care and rehabilitation costs.
In a further decision, the court has also closed the gynecological birth station of the defendant hospital. This action underscores the court's commitment to upholding high standards of care and ensuring the safety of all patients.
While this case does not provide specific procedural guidance or detailed case law examples from Göttingen, it serves as a powerful reminder of the importance of proper medical care during childbirth and the potential consequences of medical negligence. It also highlights the significant compensation that can be awarded in cases of severe birth injuries in Germany.
