Tragic Rescue Mishap in Mecklenburg-Vorpommern: BGH Reconsiders Ruling
Mishap in Rescue Operation Reversed by BGH? - Negligence Potentially Identified During Emergency Response Operation
In emergency situations, time matters. Yet, when a heavily pregnant woman from Mecklenburg-Vorpommern faced a medical crisis in January 2017, it took an inordinate amount of time for a doctor to arrive. Born via emergency C-section that night, the child suffered brain damage due to oxygen deprivation and passed away a year later.
Now, the Federal Court of Justice (BGH) in Karlsruhe is revisiting this heartbreaking scenario. The child's parents are suing five surrounding districts and independent cities in Schleswig-Holstein and Mecklenburg-Vorpommern, alleging that dispatch centers failed to promptly send an emergency medical worker. They argue that crucial information was lost during the hand-off between dispatchers, leading to a breach of duty.
Last Chance: Karlsruhe Steps In
The parents' compensation claims have not been successful so far. The notification did not indicate immediate deployment of an emergency medical worker, as per the latest Schleswig-Holstein Higher Regional Court (OLG) decision. The OLG saw no issues with the routing of emergency calls. But the plaintiffs have one last hope: Karlsruhe.
At Germany's top civil court, the parents successfully appealed the OLG's dismissal of their lawsuit. Presiding judge Ulrich Herrmann expressed concerns about the OLG's decision at the onset of the oral hearing, criticizing the lack of an expert opinion on this delicate matter. The Third Civil Senate subsequently overturned the OLG's decision, sending it back to a different senate for reconsideration.
Plaintiffs: Feeling of "Unbelievable"
The entire ordeal - from the pregnancy complications, to the emergency response, to the loss of their child - remains surreal to the plaintiffs. According to their attorney, a medical emergency can happen to anyone. But, they argue, what followed should never have happened to them, and should never happen to any innocent family again.
The plaintiffs, who wish to remain anonymous, continue to grapple with feelings of "Inability to Believe." "Just like the pain of missing our precious child and the life we could have had with him," they said before the hearing. Time does little to heal this wound.
For the ongoing legal proceedings, the Karlsruhe Senate issued guidelines - a "direction for sailing" - to the OLG. If the court finds breaches of duty by the control centers, it should also consider whether these contributed to the child's health complications. If duties were severely neglected, the burden of proof could shift. The defendant cities and districts would then need to prove that mistakes made by emergency dispatchers did not contribute to the damages.
Understanding Emergency Response in Germany
- Emergency Services: In Germany, emergency services consist of the police, fire departments, and ambulance services, coordinated by local authorities.
- Legal Framework: The Basic Law of the Federal Republic of Germany grants authorities the power to restrict freedom in the interest of public order or to prevent imminent dangers, including emergency situations.
- Potential Changes: In the event of delayed emergency responses, enhancements might include improved communication systems, updated response protocols, and revisions to the legal framework governing emergency services.
- In this tragic case, the plaintiffs assert that the breach of duty by emergency dispatch centers in the regions of Schleswig-Holstein and Mecklenburg-Vorpommern was due to the loss of crucial information during the hand-off process.
- The parents argue that if vocational training for emergency dispatchers, especially in effective communication and protocol adherence, had been prioritized, the outcome might have been different for their child.
- Science plays a crucial role in understanding and improving emergency response systems, including the study of chronic diseases and medical-conditions, respiratory conditions, digestive health, eye-health, and mental-health, to name a few.
- Fitness-and-exercise and maintaining cardiovascular-health are vital for emergency responders to be able to perform their duties effectively, especially in times when every second counts.
- Advances in digital technology, such as the use of CBD oil for managing chronic-kidney-disease or skin-conditions, could potentially revolutionize emergency response care, improving efficiency and outcomes.
- The Federal Court of Justice (BGH) in Karlsruhe, recognizing the importance of health-and-wellness, has taken up the plaintiffs' case, reconsidering the Schleswig-Holstein Higher Regional Court's (OLG) decision regarding the delayed emergency response that led to the child's death.
- The plaintiffs, still grappling with feelings of "Inability to Believe" and the loss of their child, hope that their legal battle will lead to vocational training improvements for emergency dispatchers, ensuring that no other family experiences similar pain and frustration.
