Compensation for permanent hair loss after chemotherapy

Cologne Higher Regional Court: Doctors have not adequately informed about risks
(Jur). If physicians do not advise cancer patients about possible permanent hair loss before chemotherapy, this can be grounds for compensation for pain. The duty of education of physicians exists even if the risk is rarely realized, the Higher Regional Court (OLG) Cologne decided in a judgment of March 21, 2016, announced on Wednesday, March 23, 2016 (Ref .: 5 U 76/14) , The Cologne judges awarded a cancer patient a sum of 20,000 euros.
The woman initially had surgery for breast cancer. She was then given chemotherapy to finally defeat the cancer. But the treating gynecologists did not point out in the discussion that the drug used in rare cases can lead to permanent hair loss on the whole body. One study had sustained hair loss in 3.2 percent of treated patients with a mean follow-up of 55 months.

Image: PhotographyByMK - fotolia

The plaintive breast cancer patient realized the existing risk. With chemotherapy she permanently lost her body hair, eyelashes and eyebrows were also missing. Only her hair grows partially.

The doctors have the plaintiff inadequately informed about the risks of the cancer drug, the OLG now determined. Patients would have to "know on the whole" what they are getting into before treatment. Risks should be clarified if these occur "rarely" and have "weighty" effects.

In vain had the clinic objected that the patient would have opted for chemotherapy even if she had been fully informed. The Higher Regional Court came to the conclusion that the woman would then probably have come in a "real conflict of judgment" and they would not have decided safely for the treatment.

Regarding the amount of the compensation, the court considered above all the psychological consequences and emotional burdens due to hair loss. (FLE)