Judiciary
DOCTORS are not liable for damages for keeping a patient alive and, therefore, possibly prolonging suffering, the German Federal Court of Justice ruled on Tuesday.
The highest civil court, based in Karlsruhe, was considering the case of a dementia patient kept alive by feeding through a stomach tube.
“In general, the prolonging of life could not be seen as causing harm,’’ the judges said.
They rejected a claim for damages brought by the son of the patient who died in 2011.
The son, who lives in the U.S., had claimed that the decision to keep alive for years a patient, who was unable to communicate or to move and had no prospect of improvement, was a mistake.
He claimed that no less than 100,000 Euros ($112,000) in compensatory damages and an additional 52,000 Euros in care fees.
The patient had not indicated beforehand under what circumstances he wished to be treated, or left untreated.
In 2017, the state court sitting in Munich ruled that the doctor should not have allowed the feeding by tube to continue without discussing the situation with the care workers.
The court awarded the son 40,000 Euros in damages at the time.
However, the doctor successfully appealed the ruling.
The son also appealed, with the aim of reaching a judgment that would set a precedent, taking the view that doctors must be made liable for infringing medical standards.
The Karlsruhe court, however, rejected this view. (dpa/NAN)
– Apr. 2, 2019 @ 15:52 GMT |
Tags: German court dismisses case against doctors for prolonging suffering
