Despite sterilization hospital without liability

Despite sterilization: hospital does not have to stick

09/18/2014

A woman who became pregnant despite being sterilized at a clinic had filed a lawsuit against the hospital. The court has now rejected this, the clinic does not have to adhere. In principle, patients must be informed correctly about the remaining pregnancy risk by the doctor during sterilization.

Minimal residual risk during sterilization
The safest protection against pregnancy is the renunciation of sex. According to surveys in recent years, more than half of Germans prefer birth control pills in the prevention. About one third put on condoms. A smaller part can be sterilized. But even with a sterilization remains a minimal residual risk. This also had to find a woman who was sterilized in a hospital: years after the procedure she became pregnant and then sued the clinic. A court has now rejected the lawsuit.

Claim for damages remained unsuccessful
Thus, a hospital is not liable for an unwanted pregnancy after sterilization, if the patient has been informed correctly by the doctor about the remaining pregnancy risk. Thus, the Higher Regional Court (OLG) Hamm decided in a final judgment published Wednesday (Az 26 U 112/13). The claim for damages of a couple who had demanded from a clinic 10,000 euros compensation and about 300 euros monthly maintenance, thus remained unsuccessful.

Sterilization after the second child
In the present case, the affected woman had herself sterilized in a clinic after the birth of her second child in October 2006. Nevertheless, in 2008 there was another unwanted pregnancy and in August 2009 she gave birth to another child. The court found that there was no medical error in the sterilization and that the hospital had not chosen a wrong surgical method. In the judgment, the judges write: „It is also not clear that the re-pregnancy is based on a faulty sterilization, because there is a failure rate even when professionally performed.“

Doctors did not violate the obligation to inform
As the Civil Senate also ruled, the doctors had not violated their duty to provide therapeutic education. Rather, the woman was told by the doctor orally that after sterilization, a pregnancy risk in the per thousand range persists - namely in four out of every 1,000 cases. The applicant was thus aware that, if necessary, it had to take further preventive measures in order to prevent a re-pregnancy with 100% certainty. (Ad)