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
11.01.1972	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