Woman wants compensation for her husband's impotence

No compensation for the wife because of husband's impotence: OLG Hamm rejects lawsuit against clinic
Impairment of the sexual life by impotence of the husband after an operation does not trigger for the woman yet a claim to compensation. This comes into consideration only if the wife also suffers from health-related, or psychological, consequential damage, the Hamm Regional Court (OLG) stated in a ruling announced on Friday, 21 July 2017 (Ref .: 3 U 42/17). Only restrictions on marital sexuality did not hurt the woman in her own rights.

Image: Syda Productions - fotolia

In the specific case, the man had been operated several times on the spine. His wife claims that he suffered a nerve damage, which made him impotent. This affected their previously completed sex life. From the hospital, she demanded a compensation of 20,000 euros.

In its so-called Notice of June 7, 2017, the Higher Regional Court of Hamm stated that the action had no chance of success. The woman was not injured in her own rights. Thereupon she withdrew her appeal against a dismissive judgment of the district court Hagen.

In doing so, the OLG alleged that the alleged impotence of the man goes back to the operations. However, this must mean "no complete loss of marital sexuality," said the Hammer Richter.

In addition, the claimed impotence of the man does not appear to have led to physical or psychological consequential damage to the wife. However, the partial loss of her marital sexuality is "no injury to her body, her health or her right to sexual self-determination". It was "merely an effect of the alleged impotence on the life of the applicant and not an intrusion into its legal status".

The judges of the 3rd Civil Division of the Higher Regional Court Hamm emphasized that they did not know of any single decision with which a court awarded compensation to the spouse for impairments of sexual ability - for example after a traffic accident or, as here after an operation. mwo