Tragic Rescue Operation: Federal Court of Justice Overturns Ruling
Questionable Rescue Operation Verdict Overturned by Federal Court of Justice - Negligence in Executing Rescue Mission?
When a dire emergency strikes, swift action is crucial. Unfortunately, for a couple from Mecklenburg-Vorpommern in early 2017, help came too late. During a difficult pregnancy, the expectant mother experienced severe pain, and though they immediately called for help, an ambulance didn't arrive for an extended period. The result was a premature birth via emergency C-section, and the child, born with brain damage due to insufficient oxygen, eventually passed away a year later.
This heart-wrenching incident has made its way to the Federal Court of Justice (BGH) in Karlsruhe. The bereaved parents have filed a lawsuit against five surrounding counties and independent cities in Schleswig-Holstein and Mecklenburg-Vorpommern, alleging that the dispatch centers failed to promptly dispatch an ambulance and that miscommunication between the dispatchers eventually led to a breach of duty.
The family's last hope lay in Karlsruhe. After the Schleswig-Holstein Higher Regional Court (OLG) dismissed their lawsuit, the case was brought before the highest German civil court. At the court hearing, the presiding judge, Ulrich Herrmann, stated that they were concerned with the OLG's verdict, particularly since no expert opinion had been sought on the sensitive matter. As a result, the Third Civil Senate overturned the OLG's ruling and ordered a retrial in a different senate.
Parents' Frustration:
The entire sequence of events - pregnancy complications, delayed rescue response, and the tragic loss of their child - continues to feel surreal to the grieving parents. As their attorney explained before the hearing, "A medical emergency can happen to anyone, but everything that followed shouldn't have happened to us. We don't want this to happen to anyone else in the future." The lingering sense of "disbelief" and the sorrow of missing their precious child will stay with them forever.
For the upcoming proceedings, the Karlsruhe Senate has offered the OLG some recommendations, or a so-called "guidance note." If the court finds faulty conduct on the part of the dispatch centers, they should also determine whether this mistake caused the child's health issues. In instances of gross neglect, the burden of proof would shift: it would be incumbent upon the defendant cities and counties to prove that the dispatch center's errors did not cause the damage.
- In light of the tragic incident, the parents are advocating for improved community policy in medical-health emergency responses, particularly in vocational training for dispatch center personnel to ensure prompt and accurate dispatch of ambulances.
- The parents believe that this incident underscores the importance of science and health-and-wellness education in vocational training programs, given the life-or-death consequences of such situations for families' health.
- As part of their pursuit of justice, the parents' legal team has requested neurological-disorders experts to testify during the retrial, emphasizing the significance of mental-health care and parenting support for individuals dealing with migraines or other long-term health conditions.
- With the support of their community, the parents are also actively engaging in advocacy efforts to promote family-health awareness and the importance of timely medical response, aiming to prevent similar tragedies in the future.
