Tort Law — Pre-natal Injuries

Date Citation Note
13.10.1992 BGHZ 120, 1 VI. Civil Senate (VI ZR 201/91) Non-pecuniary loss
Child born with serious brain damage due to negligence of obstetrician; extensive lossof capacity for perception and sensation; destruction of the personality which amounts to non-material harm; compensation to be assessed independently and not as a merely symbolic sum
Art. 1 I GG
§ 847 BGB
11.01.1971 BGHZ 58, 48 VI. Civil Senate (VI ZR 46/71) = NJW 1972, 1126 = JZ 1972, 363 See VersR 1972, 372 for an approving note by Stoll Pregnant mother is injured in a road accident
Claim by child born subsequently for brain injury resulting from the injury of the mother
Road accident is adequate cause of injury to the health of the child within § 823
§ 823 BGB
§§ 286, 287 ZPO
20.12.1952 BGHZ 8, 243 II. Civil Senate (II ZR 141/51) Lues -decision = NJW 1953, 417 = JZ 1953, 307 with approving note by Schmidt Child born with syphilis because the mother was given an infected blood transfusion prior to conception
Claim in tort by the child under § 823 I against the hospital for injury to health adequately caused by the failure to take the necessary precautions
§§ 31, 823 BGB