Burden of proof for a breach of the obligation to inform a re-pregnancy

The burden of proof for a violation of the obligation to inform a re-pregnancy has the patient. It must therefore be certain that the reference to the failure rate has been omitted.

OLG Hamm 26 U 112 / 13 vom 17.06.2014 - Information on the possibility of pregnancy despite sterilization Continue reading

Liability for a partly fateful, partly caused by treatment error health damage on the occasion of a birth

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

Dentist has a patient about a prosthetic restoration by means of single crowns or a blockage completely clear

A dentist should fully educate a patient about prosthetic restoration using single crowns or interlocking if both treatments are medically equally indicated and commonplace and have substantially different risks and chances of success so that the patient has a real choice.

Higher Regional Court Hamm, 26 U 54 / 13 of the 17.12.2013

§§ 823, 253, 249ff BGB Continue reading
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