Tort Law — Wrongful Life

Date	Citation	Note
04.12.2001	Bundesgerichtshof (sixth civil division) 213/00 VI ZR 213/00	Claim by parents of twins against doctors for maintenance of deformed twin; failure to diagnose deformity; abortion of deformed twin would have risked life of healthy twin Mother's tendency to depression insufficient to constitute medical ground Abortion not permissible under law at that time (§ 218a I, II StGB), so claim failed
25.05.1999	OHG JBl 1999, 593 1 Ob 91/99k	Birth of a child is normally not a basis for a compensation claim against the doctor Birth of a severly disabled child could be a ground for a claim against a doctor who did not advise the parents about the deformity Contractual claim for financial loss Division of burdens between parents not relevant No claim by child for 'wrongful life' § 140 I ABGB § 97 I Austrian Criminal Code
16.11.1993	BGHZ 124, 128 = NJW 1994, 788 VI. Civil Senate (VI ZR 105/92)	Personal liability of the doctor of a university institute for wrong genetic counseling Parents can claim compensation for maintenance if wrong genetic counseling leads to the birth of a child they would otherwise have aborted Art. 1 GG §§ 249, 823, BGB
18.01.1983	BGHZ 86, 240 VI. Civil Senate (VI ZR 114/81) Wrongful life -decision = NJW 1983, 1371 = JZ 1983, 447 See JZ 1983, 451 for a note by Deutsch and JuS 1984, 434 for a note by Fischer	Claim by a disabled child and parents against gynaecologist for failure to diagnose the mother's German measles in early pregnancy and to terminate the pregnancy Mother's claim for additional burden of support arising from the child's disability Damages for the mother's pain and suffering only if additional complications arise at birth due to the disability Father also within the sphere of contractual protection 'Wrongful life' claim by the child rejected both in tort and on the basis of the protective effect of the contract §§ 611, 823 BGB § 218a StGB (1975)