A child experienced a massive lack of oxygen due to a serious delay in the emergency response, which lasted at least 29 minutes, causing severe brain damage, causing both mental and physical disabilities.
The preliminary court, the regional court Bielefeld, had considered only a compensation of 190.000,00 € appropriate. The Higher Regional Court of Hamm reasoned its significantly higher compensation for pain and suffering with the serious damage suffered by the plaintiff as a result of the lack of oxygen.
Amnesty allowances for birth defects
However, the compensation paid by OLG Hamm is not among the highest in Germany. Especially in the last 10 to 15 years, the amounts of compensation for birth defects have increased significantly. For severely damaged children, compensation for pain in the range of € 500,000.00 is often paid or paid in out-of-court negotiations. My colleague, lawyer Malte Oehlschläger, specialist lawyer for medical law, has won € 700,000 in 2014, one of the highest sums in compensation towards pain that were paid in Germany for a birth defect.
The amount of compensation paid depends on the individual case. A comparison of compensation decisions is therefore only roughly possible and cannot replace the individual consideration of the specific facts.
Further damages usually exceed the compensation
Regrettably, in the media is often reported on the high compensation for birth defects, but not on the much more important issue that the child is also entitled to high damages in the field of so-called material damage.
The sums of compensation (immaterial damages) are, however, usually the lowest part of the total compensation compared to the so-called material damages for birth defects. On the other hand, the so-called increased needs (for example, home care for family members, home or inpatient nursing, replacement of aids, remodeling of the flat/motor vehicle, costs for … Read More ...