germany medical damages
Litigating personal injury in Germany due to lack of proper testing
<p>I have read various articles that litigating for damages due to injury against medical professionals or clinics is an uphill battle. See <a href="https://www.crosschannellawyers.co.uk/medical-malpractice-lawsuits-in-germany/" rel="nofollow noreferrer">here</a></p>
<p>In simple terms, the case is as follows: A and B both got tested at different clinics for STIs. A got all negative. B was told they will be contacted in case something is wrong. B was never contacted. One year later A suffered from multiple injuries occurring due to an STI that A had. B got tested again and had the STI that A had (making B the source) at the same clinic. B was told by the clinic that the previous report (a year earlier) had &quot;showed readings slightly more than average&quot; but they did not inform B.</p>
<p>What are A's legal options in Germany?</p>

<p>There are none.</p>
<ol>
<li><strong>Damages against B’s clinic?</strong> A does not have a contract with B’s clinic. No duties nor rights without a contract.</li>
<li><strong>Damages against B?</strong>
<ol>
<li>A does not have a contract with B. If there was a contract, we need details about it.</li>
<li>Tort, <a href="https://www.gesetze-im-internet.de/englisch_bgb/englisch_bgb.html#p3489" rel="nofollow noreferrer">§ 823 Ⅰ BGB</a>? <em>No</em>. B was neither negligent nor did he/she deliberately incur damage.</li>
</ol>
</li>
<li><strong>Report B as criminal?</strong> A and B had <em>consensual</em> sexual intercourse. This consent (necessarily) comprises the risk of transmission. You cannot give “consent to facts” though. Yet here B had no knowledge of his/her contagiousness. He/she definitely did not deliberately infect A. Negligence is out of question, because there is no general expectation to get regularly tested before having sex with anyone.</li>
</ol>
