Premature babies not cared for enough: clinic and doctor have to pay pain and suffering

Premature babies not cared for enough: clinic and doctor have to pay pain and suffering

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Baby was not receiving medical care due to a treatment guideline
After the death of a premature baby in a Cologne clinic, the regional court has now sentenced the hospital and the responsible doctor to pay 15,000 euros in pain and suffering. The mother of the girl, who was born in June 2007, had previously sued because the child had received no medical treatment after birth and had subsequently died. However, a midwife who was also complained was acquitted.

Child is born after only 22 weeks of pregnancy
The mother Melanie L. came to the Holweide Clinic in June 2007 after only 22 weeks of pregnancy due to a bladder crack, as it has a perinatal center and is therefore specialized in the care of prematurely born children. There, however, a guideline stated that premature babies were only treated medically from the 23rd week of pregnancy, which is why the girl remained unaided and died less than an hour after her birth.

Ms. L. then sued the midwife, the doctor responsible at that time and the clinic for faulty obstetric treatment and claimed damages of EUR 12,000. The Cologne Regional Court has now given a judgment in the case (file number: 25 O 242/10): As the news agency "dpa" reports, the hospital and doctor were sentenced to pay 15,000 euros in pain and suffering. In the Chamber's opinion, however, the midwife, who was also complained, was not to be blamed for any wrongdoing.

Parents should have been advised
The Cologne clinic had, according to the information, relied on a medical guideline according to which premature babies at the border to viability could be treated - but not necessarily. However, treatment is compulsory from the 24th week of pregnancy. Therefore, from the court's perspective, there was no general obligation to provide medical care for the prematurely born baby, but "the parents should have been given detailed advice," said the court spokesman, according to the agency. The parents were therefore not informed about the chances of survival and the long-term health risks for the child. The girl was born with a weight of only 460 grams and a body length of 28 centimeters. (No)

Author and source information

Video: Helping Premature Babies With Kangaroo Care 2001 (May 2022).