The Federal Court of Justice (BGH) has recently ruled in a case of liability of rescue centers, granting the parents of a baby who died shortly after birth a temporary victory on formal grounds. The court of the previous instance was required to obtain an expert opinion to determine whether there was a clear indication for the immediate dispatch of a doctor during the specific case. The case concerns a rescue operation in January 2017, where multiple emergency calls were forwarded and the expectant mother arrived at the hospital with severe pain after over an hour. The baby was born through emergency caesarean section, but suffered significant health damage and passed away 13 months after birth.
The plaintiffs had demanded compensation for pain and suffering and damages from the responsible municipal administrations due to breaches of duty, including the fact that only an ambulance was initially sent, with the doctor arriving later. In the first two instances, the lawsuit was rejected as the courts did not consider the forwarding of emergency calls to be causative of harm. However, the Federal Court of Justice has now ruled in favor of the parents on formal grounds, requiring further investigation into the specific circumstances of the case. The court’s decision was announced on Thursday in the judgment (III ZR 417/23). The case highlights the importance of thorough investigations and expert opinions in determining liability in cases of rescue operations. It remains to be seen how the case will develop in the future and what implications it may have for similar cases. The ruling serves as a reminder of the potential consequences that can arise from delays in emergency response and the need for accountability in such situations. Further details and updates on the case are expected to be released in due course.