Agreement in the preemie process failed

Premature process continues

02/02/2012

The attempt of an out-of-court settlement in the so-called „Preemie process“ has failed. The plaintiff and the affected hospital could not agree on a mutually agreed solution, so that the process is now in the next round.

The case concerns the death of the applicant's prematurely born child at Krankenhaus Holweide. The responsible doctor and the midwife had explained to the mother at the birth of her child on the 23rd week of pregnancy that a life-sustaining care of the premature baby was only possible after the 23rd week of pregnancy. The child had died and after the woman learned that in other clinics children born before the end of the 23rd week of pregnancy receive a palliative care, she had sued the hospital, the doctor and the midwife for faulty obstetric treatment.

Medical care only at birth after the 23rd week of pregnancy
Having no out of court settlement in the „Preemie process“ The process will now continue on 14 March this year. The agreement failed inter alia because the applicant insisted on a fundamental clarification of the medical conduct in such a situation. Whether the failure to care for premature babies who are born before the end of the 23rd week of pregnancy, is permissible or indeed there is a criminal offense, will now decide the court. Although the defendants claimed that the mother had been informed at an early stage that preterm children would not be treated at the 23rd week. However, according to the plaintiff, the physicians and the midwife did not mention that in other hospitals premature babies born before the end of the 23rd week of pregnancy receive life-saving care. According to the mother, the hospital Holweide, the doctor and the midwife let her premature baby die too lightly. (Fp)