Abstract
The Bundesgerichtshof of West Germany passed a judgement that the physician who performs an unseccessful sterilization operation, or the respective hospital, is financially responsible for children which are born in spite of the operation. This would include healthy as well as genetically and perinatally deformed children born both in and out of wedlock. The physician or hospital would be responsible not only for the support of the child, but also for reimbursing the partner for child care services rendered by the child's mother. Such payments would be due until the child's 18th birthday. The physician would in addition have to pay damages for the failure of the operation. Physicians should have patients sign a consent form waiving all rights to possible damage claims stemming from pregnancies due to the failure of the operation.
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