The Federal court of justice (BGH) emphasized in the First aid duty for teachers in physical education. Sports teachers was the responsibility of the authority, necessary and reasonable First-aid measures in due time and in an orderly manner. The court overturned on Thursday in Karlsruhe, Germany, a judgment of the higher regional court (OLG) of Frankfurt, and it rejected the renegotiation (Az. III ZR 35/18).
What had happened in this specific case? A then 18-Year-old was on the brink of high school and had big plans. Up to that afternoon in January 2013. Five minutes after the start of the warm-up exercise in gym class, the young man stopped Running. The high school student from Wiesbaden had a headache. He slumped down on the wall, is no longer responsive. The teacher alerted the ambulance.
came To the one that passed precious time. Eight minutes unconsciousness without any lay resuscitation, it is called later in the hospital report. The student suffers severe brain damage from lack of oxygen. The young man from Wiesbaden, Germany wanted to study biochemistry. Now he is disabled to 100 percent is difficult and needs round-the-clock of his family taken care of.
“It is a tragic thing.” The presiding judge Ulrich Herrmann launched two weeks ago, the oral Federal court hearing. On the one hand, representative of the Hessian Ministry of culture sit opposite him, on the other hand, the boy’s father.
the 24-year-old son had sued the state of Hesse due to a lack of First-aid measures. He called for at least 500,000 euros for pain and money, 100,000 Euro for the reimbursement of a material damage, a monthly more need a pension of about 3000 euros, as well as the finding of Hesse to pay for future costs. The family complains, so something like this never happens again in a school, says the father. And: “We want, that our son is no longer supplied, if we are.” Before the district court of Wiesbaden and the higher regional court (OLG) of Frankfurt, the action remained unsuccessful. It was not certain whether there are any possible errors, the teacher would have affected the First help causally determine the state of health of the plaintiff.
it didn’t work That well, was at the Supreme court hearing. Of a “chain of unfortunate circumstances” said the lawyer of the Hessian Ministry of culture. “A very tragic and unfortunate exception.” Gross negligence rejected – and that eight minutes was nothing happening. Teachers could not expect a student out of the blue, suddenly collapses.
Whether or not the student was still breathing, was not controlled
The teacher and present colleague, were not idle: and The Boy was brought in accordance with the instructions of the rescue coordination centre in the stable side position. The pulse was felt. However, if the student was still breathing, was not controlled. There was neither a mouth-to-mouth resuscitation massage a cardiac. Although the students according to the testimonies of blue had been, would have done two teacher eight minutes of “nothing” to the revival, said the lawyer of the boy in front of the Federal court of justice.
More about
What to KNOW First aid: cardiac massage, instead of breathing a donation
Hartmut Wewetzer
His father, himself a long-medic, do not understand how this could happen. “You can’t go wrong with a revival.” The Federal doctor of the German Red cross, Peter Sefrin said. Out of fear to be done, in many cases, nothing, until the ambulance comes. Until then, opportunities might be missed. Thus, according to the doctors, whether it is to do, the only thing Wrong with it, nothing. (dpa)
