After a complication-free pregnancy, the mother-to-be went to a clinic in Berlin for the birth of her daughter. The fetal condition of the newborn was normal. The caesarean section should then take place in the early evening hours. For this purpose, the infusion solution oxytocin was administered to promote labor. The high-dose oxytocin infusion was not provided, as is usually the case, with gross malpractice, but rather given to the still pregnant patient and received quickly.
This unintentionally high dose of the infusion solution with 20 IU oxytocin to 500 ml NaCl was apparently also due to the inexperience of one of the employees. This was the 267-fold dosage as at the beginning of the contraction drop with 15 ml / h and the 67-fold dosage as with the maximum increase in the contraction drop with 60 ml / h.
The administration of a multiple of the tolerable dose then led to a permanent fetal contraction which resulted in the death of the newborn.
From here, an expert opinion was obtained from the medical service of the health insurance companies. With an opinion dated February 20, 2021, the expert stated:
“Counterfactually argued – what would have happened if the infusion solution with 20 IU oxytocin per 500 ml NaCl had not been given – then, according to the expert opinion, a fresh and vital newborn would in all probability have been born. And therefore the accidental administration of the high-dose oxytoxin infusion solution must be regarded as causal for the death of the newborn. “
The hospital sincerely apologized for the damage. The liability insurance behind the hospital also expressed their regret for the events. The parties then agreed out of court to pay damages of EUR 50,000.00. The parents’ mourning for their deceased daughter is not intensified by an open legal dispute.
Comment from attorney Tobias Kiwitt:
There are liability insurances which, in the event of even obvious gross medical errors, initially give up and allow legal action to be taken. But there are also liability insurers who are aware that legal proceedings that lasted for years will only become more expensive for them and that the hospital’s claim to want to regulate the suffering that has been committed is an obligation. Such is the case here. It is to be welcomed that the matter was resolved quickly out of court. After the liability insurer had initially only offered an amount of EUR 15,000.00 as total compensation, the amount of EUR 50,000.00 plus legal fees could then be negotiated from here. Liability insurance covers all legal prosecution costs.
If you are looking for support in birth damage law: Attorney Tobias Kiwitt, Medi: res law firm, has an open ear for you and will be happy to help you. Contact the law firm without obligation.
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