title: [The civil liability of obstetricians].
abstract: The number of maternal and child deaths associated with delivery in Germany has reached a historically low level. Even so, the number of claims for damages arising from birth complications is continuously increasing. The reasons for this apparent paradox are analysed in the present contribution. Basic principles of the present situation concerning legal precedents with regard to birth damages are illustrated. The legal instrumentarium which the courts use to reach their decisions is presented. The interactions of the reasons for liability are demonstrated for the five most frequently occurring critical obstetric situations (intrauterine asphyxia, premature amniorrhexis, danger of premature birth, intrauterine growth retardation, birth of a depressed child).From an analysis of court decisions on liability questions that result from an objective failure of obstetric management in critical situations, four general empirical rules can be derived and observation of these rules could markedly reduce the number of patient claims. The function of civil court rulings as a necessary control instance is positively accepted.
authors.affiliation: Kanzlei für Geburtsschadensrecht und Arzthaftung, Bonn, Germany. mail@uphoff.de
authors.forename: R
authors.initials: R
authors.lastname: Uphoff
authors.forename: J
authors.initials: J
authors.lastname: Hindemith
mesh_terms: D001720:Birth Injuries; D032982:Contracts / Q000331:legislation & jurisprudence*; D005858:Germany; D006801:Humans; D007231:Infant, Newborn; D016365:Liability, Legal; D009774:Obstetrics / Q000331:legislation & jurisprudence*; D010820:Physicians / Q000331:legislation & jurisprudence*; D012017:Referral and Consultation / Q000941:ethics*