Pregnancy overlooked: doctor doesn't pay

Pregnancy overlooked: doctor doesn't pay

Pregnancy overlooked: doctor does not have to pay
13.01.2015

In front of the Oldenburg Higher Regional Court, a woman failed to claim compensation and compensation for pain and suffering against a gynecologist who had not recognized her pregnancy. The plaintiff wanted to get 25,000 euros in pain and child support.

The plaintiff wanted to raise 25,000 euros. A woman who failed to recognize her pregnancy failed in the Oldenburg Higher Regional Court (OLG) with a claim for damages and compensation for pain and suffering, who had not recognized her pregnancy (file number 5 U 108/14). The plaintiff from the district of Osnabrück wanted to claim 25,000 euros in pain and suffering from the doctor. With the decision published on Monday, the court confirmed the decision of the Osnabrück Regional Court (file number 3 O 2705/13).

Doctor did not recognize pregnancy According to the information, the woman had gone to the gynecological treatment of the doctor from Bramsche (Osnabrück district) in November 2012 and wanted to clarify whether she was pregnant. At that point, she didn't want another child. The gynecologist performed an ultrasound scan and ruled out pregnancy. In fact, the patient was six weeks pregnant. As reported, she would have decided to drop out if she knew at that point that she was expecting a child.

Too late for an abortion It was only clear in the 15th week of pregnancy that the gynecologist had been wrong. The plaintiff then accused the doctor of not having arranged for a urine and blood test at the appointment. This would have recognized the pregnancy and would still have had the possibility of legal abortion. The court dismissed the complaint, however, because after the consultation and the deadline, a punitive, but no legal termination of pregnancy would have been possible.

Medical or criminological claim A woman's claim could only have existed for a medical or criminological reason such as rape. An abortion remains unpunished after a consultation in the first twelve weeks, but is still an illegal act. Therefore, the applicant cannot claim damages from her doctor. A medical and criminological indication as a reason for termination is relatively rare in Germany. According to the Federal Statistical Office, only four percent of abortions were carried out in 2013 for such reasons. (ad)

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