Arzthaftung, Pflichtverletzung durch Unterlassen.

The article discusses a legal case concerning the civil and criminal liability of physicians for damages due to omission, decided by the Bundesgerichtshof (Federal Court of Justice, BGH) of Germany on February 7, 2012. The case concerned complications during the delivery of a child that might have been prevented had the attending physician opted for a different treatment plan during pregnancy. The question of the burden of proof in such cases was also addressed.