A couple asked a midwife and the Tölzer clinic for damages and compensation for pain and suffering.
Now the Regional Court of Munich II has issued a judgment
Update from February 5th:
A couple of parents from Holzkirchen failed with their lawsuit for alleged treatment errors in the birth of their daughter before the Munich II district court.
According to the judges, the plaintiffs could not prove that the midwife was late for the child.
In 2012 the child was born without complications.
After about half an hour, when it was lying on its mother's chest, it stopped breathing.
The midwife immediately initiated resuscitation measures with a doctor.
The child is fine today.
Nevertheless, the mother has identified neurological impairments, which she attributes to an insufficient supply of oxygen.
The midwife and a doctor from the Tölzer Clinic were sued for a total of 620,000 euros in damages and compensation for pain and suffering.
According to the court, the cause of a circulatory collapse in the woman the following morning could not be proven either.
One of the required controls had not been documented.
But it happened.
A witness had given credible reasons for this.
Bad Tölz / Holzkirchen / Munich
- A couple from
Holzkirchen
demands a midwife and the Tölz clinic to pay 620,000 euros in damages and compensation.
Shortly after giving birth in the summer of 2012, the couple's child stopped breathing.
The resuscitation worked smoothly.
But father and mother found that the now eight-year-old had neurological impairments.
Bad Tölz: The couple are demanding compensation from the midwife and the Tölz clinic
The parents from Holzkirchen are now blaming the gynecologist and midwife who were on duty at the time for the neurological limitations of their eight-year-old daughter.
The district court Munich II had planned the whole Tuesday for the hearing before the physician liability chamber.
Because of the Corona restrictions, the judges moved to one of the largest trial rooms in the Palace of Justice.
There the midwife first described her memories of the night of the birth.
Accordingly, the mother had come to the clinic the morning before to induce labor at her own request.
“There was no medical reason,” said the midwife.
At 1:36 a.m. the following night, the little girl was born.
It was pink and screamed, "an inconspicuous newborn," said the obstetrician.
District Court Munich: Parents are suing Tölzer Klinik and midwife - the process is ongoing
When the girl was hungry, the midwife put it on.
The little one immediately attracted a lot.
But then suddenly it was limp on the mother.
“She's sleeping, isn't she?” Asked the mother.
The midwife called the doctor on duty and felt the heartbeat on the umbilical cord, which she estimated to be around 100.
The doctor took the baby to the preheated resuscitation unit.
The baby quickly regained its strength, while an anesthetist and specialist assistant and about an hour later the emergency team from the children's intensive care unit from Garmisch-Partenkirchen arrived.
The baby was taken there for surveillance.
The mother was transferred to the ward, severely shocked, after her bleeding was under control.
Bad Tölz: Child has to be reanimated after birth - girl has neurological impairments
Today the girl is fine, but there are impairments that are not immediately noticeable, but are nevertheless significant from the parents' point of view.
They see the cause in the lack of oxygen due to the incident in the Tölzer clinic.
From their point of view, it took 70 minutes before someone took care of the mother and her lifeless child.
In addition, the mother collapsed due to the postnatal bleeding and was traumatized just like her husband.
The process is ongoing.
The Bavarian Administrative Court has temporarily overturned the nationwide ban on alcohol in public spaces.
Many hut owners welcome this and are again offering alcoholic beverages to go.
Most of them have already written off the winter season.
Read more news from Bad Tölz and the surrounding area here.
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(By Angela Walser)
