Compensation for damages in unsuccessful sterilization without occurring pregnancy
Rieger, H.J.
Deutsche Medizinische Wochenschrift 104(26): 932-933
1979
ISSN/ISBN: 0012-0472 PMID: 456261 Document Number: 147674
The possibility is discussed of prosecuting a doctor for compensation under West German law if a sterilization is not successful, even if no child is born as a result of the unsuccessful operation. The physician is not responsible for the success of the operation, only that it be performed with "necessary carefulness." The burden of proof lies on the patient. A medical expert's testimony can be necessary in doubtful cases. A physician can be required to give compensation even if he operated with "necessary carefulness" only in cases where he failed to inform the patient sufficiently about trhe possible side-effects or complications.