1.5 million euros in damages after medical errors?

Court proposes after treatment error comparison over 1.5 million euros

23/11/2013

The Higher Regional Court of Hamm has now ten years after a medical error in a hospital in Herne now proposed in an appeal a settlement over 1.5 million euros. The victim suffered brain damage and has since been dependent on care and nursing.

Ten years after the medical error
The Higher Regional Court of Hamm proposed a settlement of 1.5 million euros on Friday in an appeal ten years after a medical error in a hospital in Herne. Now the two parties have about four weeks to decide on this sum. If either party rejects the proposal, the proceedings will continue. The victim, a 41-year-old Greek now, would receive about two million euros along with the sums already paid in recent years.

Hospital and doctors against first-instance verdict
In the first instance, the district court of Bochum awarded her compensation of nearly 300,000 euros, 130,000 euros for material damages such as loss of earnings, and a monthly pension of around 16,000 euros per month until the end of her life - retroactively from July 2010. The hospital, which became University Hospital Bochum heard, and the defendant physicians had appealed against it.

For four months in a coma
The foreign language correspondent came from her homeland Greece to Germany in 2004, because she was convinced of the medical care in this country. In the Marienhospital in Herne she underwent surgery on the thyroid gland, which led to rebleeding that was not detected in time and to oxygen deficiency. The Greek suffered brain damage and was in a coma for four months. Since then she is dependent on care and nursing. The cost of the surgery had to be borne by the patient herself. The medical error had been recognized by the hospital.

Comparison with birth defects
The court referred in its justification for the proposed 1.5 million euros to compensation sums for birth defects due to medical errors. Here, children in Germany have been paid in extreme cases amounts of 2.5 to three million euros. „Even if our case has developed tragically, it is not comparable with the birth cases“, Judge Joachim Lüblinghoff According to his information, a monthly pension after a medical error of almost 16,000 euros would be the highest ever imposed by a court in Germany.

Lawyer disappointed by the offer
In a first reaction, the lawyer of the victim, Mrs. Karoline Seibt, shows the amount of the proposed sum „extremely disappointed“. Now she wants to consult with her client. „She is an incredible fighter and has a strong will“, So Seibt. The lawyer further said she did not know if she could convince the woman of the court's proposal. The patient had fought back to life after two rehab stays. „She can speak quite well again, also in German, but her motor skills are very limited. A cup of coffee can not keep her alone. She depends on care around the clock“, so the lawyer.

Insurance had casualties victims in Greece
On the part of the defendant, the insurance of the hospital would have to agree to the court proposal. The lawyers of the clinic and insurance were criticized by the court. For example, the insurance company had the patient in Athens shadowed by detectives who were supposed to check whether the Greek really needed the reimburser-certified rehabilitation measures. „The observation of the applicant was not very helpful“, said Lüblinghoff.

Further therapies needed
As the lawyer explained, she now wants to check exactly whether her client with the 1.5 million euros could be secured for life. It should be taken into account that the interest rates are currently at a record low and also that the patient has to bear the further treatment costs in the future after a comparison. As Seibt further explained, her client is doing worse today than a year ago. The patient lives in Athens, has to rely on a wheelchair, can not care or dress without help. In addition, she has a strong speech defect and uncontrolled twitching and urgently need more therapies. (Ad)