Pregnancy misses Female doctor does not pay

Pregnancy missed: doctor does not have to pay

01/13/2015

Before the Higher Regional Court Oldenburg a woman with the demand for damages and compensation for pain has failed against a gynecologist who had not recognized her pregnancy. The plaintiff wanted to claim 25,000 euros in compensation and child support.

Plaintiff wanted to fight 25,000 euros
Before the Higher Regional Court Oldenburg (OLG), a woman with the claim for damages and compensation for pain has failed against a gynecologist who had not recognized her pregnancy (file reference 5 U 108/14). The plaintiff from the district of Osnabrück wanted to pay 25,000 euros in compensation and child maintenance from the doctor. With the resolution published on Monday, the court upheld the decision of the district court Osnabrück (file reference 3 O 2705/13).

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

Too late for an abortion
Only in the 15th week of pregnancy was it clear that the gynecologist had been wrong. The applicant then accused the doctor of not having caused urine and blood tests at the appointment. As a result, the pregnancy would have been recognized and she would still have the possibility of a legal abortion. However, the court dismissed the action because, after the consultation and deadline solution, a punishment-free, but not legitimate abortion would have been possible.

Claim for medical or criminological reason
A claim of the woman could only have been on a medical or criminological reason such as rape. Although an abortion remains unpunished after a consultation in the first twelve weeks, but still an illegal act. Therefore, the applicant can not claim damages from her doctor. A medical and criminological indication as a reason for a demolition is relatively rare in Germany. According to the Federal Statistical Office, only four percent of abortions in 2013 were for such reasons. (Ad)