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February 8, 2012
Hospital pays damages for removing woman's healthy breast
Published: 23 Nov 09 11:52 CET
Updated: 23 Nov 09 12:47 CET
Online: http://www.thelocal.de/society/20091123-23459.html
A woman engaged in a protracted legal battle with a Böblingen hospital has withdrawn her lawsuit after reaching a settlement for having her breast unnecessarily removed, her lawyer said on Monday.
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She has since been fighting for compensation at the Tübingen district court in the state of Baden-Württemberg, but bickering over who was responsible for the error between the two facilities where she was treated - the University of Tübingen clinic and the Böblingen-Sindelfingen hospital - have delayed the case.
But her lawyer Anke Christ said the matter was finally resolved after the hospital unexpectedly offered to pay her some €25,000 in damages.
The judge in the case had said several times that the biopsy mix-up could only have taken place at the Tübingen clinic, but now neither facility will likely claim responsibility after the settlement.
Last week the pathologist from the Tübingen clinic rejected a settlement put forward by the court, which meant the proceedings were expected to continue indefinitely.
But the woman, who reported psychological illness as a result of the mastectomy, said at the time she couldn’t bear extended proceedings.
“The worst part is this trial itself,” she said. “It’s not about any amounts of money for me. I don’t have the strength to keep fighting. I want it to end.“
The Böblingen hospital will likely engage the pathologist in further legal action.
DPA/The Local (news@thelocal.de)
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Your comments about this article:
"But her lawyer Anke Christ said the matter was finally resolved after the hospital unexpectedly offered to pay her some €25,000 in damages."
This is very little for what has happened to her, but she couldn't fight on against them due to all the psychological suffering she is going through. The courts and her lawyer should be ashamed of themselves for not looking after her properly for this. I know it is difficult to get a big settlement in Germany, even for serious cases of negligence such as this, but that is absolutely ridiculous. Poor woman. I feel for her.
I thought medical practices and hospitals have insurance and carry bonds against this sort of thing. Someone should have stepped up and taken responsability. This hospital and clinic should be taken to trial for causing excess pain and suffering of the patient DURING the trial. Whatever happened to "do no harm?"
25,000 Euros at that age for a perfect breast is nothing. They could triple it and I would have kept fighting.
'There is a shortage of perfect breasts in the world' (Princess Bride)
This is one reason many people write things in black marker on their bodies like "Do Not Touch" and "Not This One - The Other One" and "Cut Here" when they go into surgery in the U.S.