Judgment, 28 January 1987.
The plaintiff, who was pregnant with twins, underwent an abortion. Subsequently she learned that only one of the twins had been aborted and, after giving birth to a healthy child, sought damages for pain and suffering and for the loss of income after the delivery of the child. The Court held that the physician who performed the abortion had a duty to accomplish a successful abortion, which was not negated by medical exams after the abortion that failed to discover the continuing pregnancy. It remanded the case to a lower court to determine damages, including loss of income during the period in which the plaintiff was required to devote herself to the care of the child.
D000028:Abortion, Induced; D003695:Delivery of Health Care; D019049:Developed Countries; D005060:Europe; D005193:Family Planning Services; D005860:Germany, West; D006262:Health; D006282:Health Personnel; D007603:Jurisprudence; D010820:Physicians
Abortion, Induced--legal aspects; Court Decision; Delivery Of Health Care; Developed Countries; Europe; Family Planning; Fertility Control, Postconception; Germany, Federal Republic Of; Health; Health Personnel; Medical Liability--legal aspects; Physicians--legal aspects; Western Europe