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Tort Law — Wrongful Life

Date Citation Note
04.12.2001 Bundesgerichtshof (sixth civil division) 213/00 VI ZR 213/00 Claim by parents of twins against doctors for maintenance of deformed twin; failure to diagnose deformity; abortion of deformed twin would have risked life of healthy twin
Mother's tendency to depression insufficient to constitute medical ground
Abortion not permissible under law at that time (§ 218a I, II StGB), so claim failed
25.05.1999 OHG JBl 1999, 593 1 Ob 91/99k Birth of a child is normally not a basis for a compensation claim against the doctor
Birth of a severly disabled child could be a ground for a claim against a doctor who did not advise the parents about the deformity
Contractual claim for financial loss
Division of burdens between parents not relevant
No claim by child for 'wrongful life'
§ 140 I ABGB
§ 97 I Austrian Criminal Code
16.11.1993 BGHZ 124, 128
= NJW 1994, 788
VI. Civil Senate
(VI ZR 105/92)
Personal liability of the doctor of a university institute for wrong genetic counseling
Parents can claim compensation for maintenance if wrong genetic counseling leads to the birth of a child they would otherwise have aborted
Art. 1 GG
§§ 249, 823, BGB
18.01.1983 BGHZ 86, 240 VI. Civil Senate (VI ZR 114/81) Wrongful life -decision = NJW 1983, 1371 = JZ 1983, 447 See JZ 1983, 451 for a note by Deutsch and JuS 1984, 434 for a note by Fischer Claim by a disabled child and parents against gynaecologist for failure to diagnose the mother's German measles in early pregnancy and to terminate the pregnancy
Mother's claim for additional burden of support arising from the child's disability
Damages for the mother's pain and suffering only if additional complications arise at birth due to the disability
Father also within the sphere of contractual protection
'Wrongful life' claim by the child rejected both in tort and on the basis of the protective effect of the contract
§§ 611, 823 BGB
§ 218a StGB (1975)