An ambulance from a Munich clinic to Taufkirchen in October 2015 has so far occupied the judiciary.
A woman from Taufkirchen said she was injured during the transport and sued the rescue association for compensation for pain and suffering.
Taufkirchen
- In her lawsuit, the Taukirchnerin stated that she had been transferred to a stair chair for transport.
Her foot was trapped and she broke her ankle.
Therefore, she wanted to hold the Rescue Association in Munich responsible for official liability.
Claim of 9,000 euros in damages and 5,000 euros in compensation for pain and suffering
The performance of rescue service tasks is organized under public law in Bavaria.
Breaches of duty in the context of ambulance or rescue operations can give rise to official liability claims.
The plaintiff demanded around 9,000 euros in damages and at least 5,000 compensation for pain and suffering before the Munich I Regional Court.
Expert comes to a different conclusion
The district court brought in an expert.
He took another close look at the alleged procedure, the stair chair and the injury.
The result: the events described and the injury profile do not match.
He was therefore unable to confirm the plaintiff's allegations.
The District Court of Munich I dismissed the action.
Higher Regional Court rejects appeal
The woman from Taufkirchen, however, stuck to her claim that the rescue association was to blame for her break.
She appealed to the Higher Regional Court (OLG) Munich.
But this also rejected the appeal.
It came to the same conclusion as the lower court: the plaintiff could not have broken her ankle on the stair chair.
The injury must have another cause.
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