The plaintiff suffered severe damage to his health in connection with his birth. Therefore, he claimed the treating gynecologist, the midwife, a pediatric nurse and the carrier of the document hospital for damages.
In the first part of the proceedings, the grounds for the claim were a final verdict of the Oberlandesgericht. It found that the defendants were jointly and severally liable to compensate the plaintiff for all damages incurred by the plaintiff "on the occasion of and in response to the defendant's treatment after birth". The present part of the proceedings concerned the amount of the damages due to the applicant. In that regard, the Oberlandesgericht has ruled that a binding effect resulted from the previous basic judgment in that the defendants were liable only for the damages incurred by the claimant after his birth. In that regard, the amount of damages caused by the defendant must be limited to a maximum of 20%. Continue reading
a) According to § 538 para. 1 ZPO, the Appeals Tribunal must in principle gather the necessary evidence and decide on the case itself. Whether or not the proceedings in the first instance suffer from a material defect which exceptionally allows a remittal to the first instance court under Paragraph 538 2 No. 1 ZPO is to be judged solely on the basis of the substantive legal position of the court of first instance ,
b) If the business allocation plan does not provide for any special jurisdiction of a Civil Chamber according to § 348 para. 1 no. 2 e. ZPO, a decision by the single judge is not due to the fact that doctor-liability matters are in principle of the full staff have been a violation of the right to the statutory judge.
BGH JUDGMENT VI ZR 325 / 11 of 14. May 2013
XPO § 141 para 1, § 448, § 348 para. 1 letter e, § 538 para. 1, para. 2 sentence 1 no. 1, GC Art. 101 para. 1 sentence 2 Continue reading
A presumption of limitation according to § 199 Abs. 1 Nr. 2 BGB setting in running grossly negligent ignorance is not given in cases of recourse, if the employees of the performance department of the insurance of the injured party in a division of labor no initiatives to investigate the damage unfold and therefore the claim the employees of the Regressab-Division did not become aware.
BGH, judgment of the 28. February 2012 - VI ZR 9 / 11 - KG Berlin
LG Berlin Continue reading