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<p>If a&#xa0;birth injury occurs as a&#xa0;result of negligence by a&#xa0;physician or midwife, civil law claims for the injured child may arise. Based on a fictional example of a&#xa0;child who suffered hypoxic brain injury due to medical malpractice during birth, possible damages (e.g., compensation for pain and suffering, loss of earns, loss of housekeeping capacity, nursing care costs, and increased needs) and an indication of their potential magnitude are presented. Given the potential for substantial damages, there are clear recommendations for the medical practice, e.g., compliance with medical guidelines to avoid allegations of malpractice, full disclosure, complete documentation, and structured organization of the birth. A&#xa0;culture of error management and supplementary liability insurance are essential to minimize risks, while ensuring patient safety and legal transparency.</p>

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Geburtsschäden – welche Schmerzensgeld- und Schadenersatzansprüche können zivilrechtlich geltend gemacht werden?

  • 期刊论文

  • 发表日期：

    2026年3月23日

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  • Roland Uphoff,
  • Jan Philipp Bergmann

摘要

If a birth injury occurs as a result of negligence by a physician or midwife, civil law claims for the injured child may arise. Based on a fictional example of a child who suffered hypoxic brain injury due to medical malpractice during birth, possible damages (e.g., compensation for pain and suffering, loss of earns, loss of housekeeping capacity, nursing care costs, and increased needs) and an indication of their potential magnitude are presented. Given the potential for substantial damages, there are clear recommendations for the medical practice, e.g., compliance with medical guidelines to avoid allegations of malpractice, full disclosure, complete documentation, and structured organization of the birth. A culture of error management and supplementary liability insurance are essential to minimize risks, while ensuring patient safety and legal transparency.