In a legal dispute, the higher regional court in Celle classified a missing bell in the delivery room as a gross malpractice.
The judges thus confirmed that a severely brain-damaged child who is eight today is entitled to compensation for pain and suffering (AZ: 1 U 32/20).
In the case, a midwife in a hospital in Hanover had left the mother alone with the baby after an essentially complication-free birth in order to "bond", as the court announced on Wednesday.
In so-called bonding, the newborn baby is placed on the mother's breast in order to strengthen the bond through physical contact.
Severe brain damage despite resuscitation
According to the woman, the baby appeared to be "too calm" a short time later, but she could not get up or alert anyone because there was no bell.
The midwife therefore only noticed the baby's condition about 15 minutes later - at this point it was suffering from respiratory depression (“near infant death”) and, despite resuscitation, suffered severe brain damage.
The parents demand compensation of 300,000 euros from the clinic and the midwife as well as compensation for material damage.
This action was initially upheld by the Hanover Regional Court.
The appeal was rejected by the 1st civil senate of the OLG Celle with a judgment of September 20.
He is responsible for disputes arising from medical liability law.
The judges did not allow an appeal to the Federal Court of Justice because it did not deal with any legal questions of general importance.
The defendants appealed against this.
The judgment is therefore not yet final.