Kind als Schaden

Abstract

Child as damage

The decision of the OLG Karlsruhe is legally erroneous for various reasons. For example, pediatrists and gynecologists do not make a treatment error if they do not describe all possible consequences of the unborn child's disability without concrete demand, but encourage parents to choose the child. This results from an interpretation of § 242 BGB, in which fundamental rights are taken into account. The OLG hides the case law of the BVerfG. With the order specified by the Basic Law, however, the value standards of the OLG do not seem to be in line anyway. Because the Senate apparently believes that they can give life to a disabled child ethically accused, while the other way around it assumes that the killing of unborn children is to be assessed "free of ethical evaluations" even if the nasciturus was already viable outside of the womb. The OLG (apparently) uses the wrong standard with regard to the prerequisites of a pregnancy termination in accordance with Section 218a (2) of the Criminal Code. Because in the present case, according to Section 286 (1), not in accordance with Section 287 (1) sentence 1 ZPO. Finally, the amount of compensable damage is erroneously determined by the OLG.