An injury around the time of birth does not in itself prove medical negligence. Where there is a suspected treatment error during pregnancy, childbirth or the immediate postnatal period, the course of treatment and the cause of the injury need to be examined.
Birth injury
Relevant questions may concern monitoring, the response to complications or the timing of treatment. Medical records and, where necessary, expert assessment help establish what happened.
This page concerns claims under German law. Whether compensation can be claimed depends on the individual facts, including the treatment error, the injury and the causal connection between them.
Evidence and preparation under German law
- Burden of proof: Under section 630h(5) of the German Civil Code (BGB), a gross treatment error that is generally capable of causing an injury of the kind actually suffered gives rise to a presumption that the error caused that injury. Whether these conditions are met requires an individual assessment.
- Records: Prepare the pregnancy and birth records, monitoring records, discharge reports and subsequent medical findings, insofar as available, together with a short timeline.
- Next step: Our detailed birth injury guide in German explains further issues. Contact the firm to discuss a legal assessment.