No pain compensation for woman because of husband's impotence: OLG Hamm dismisses lawsuit against clinic
Impairments of the husband's impotence after an operation do not yet entitle the woman to compensation for pain and suffering. This only comes into consideration if the wife's health, such as psychological consequential damage, is also made clear by the Higher Regional Court (OLG) Hamm in a decision announced on Friday, July 21, 2017 (file number: 3 U 42/17). Only restrictions on marital sexuality do not violate the woman's own rights.
In the specific case, the man had had multiple operations on his spine. His wife claims that he suffered nerve damage that made him impotent. This affects her previously filled sex life. She asked the hospital to pay pain and suffering of 20,000 euros.
In its so-called notification decision of June 7, 2017, the OLG Hamm stated that the lawsuit had no prospect of success. The woman was not violated in her own rights. Thereupon she withdrew her appeal against a dismissive judgment of the regional court of Hagen.
The OLG assumed that the alleged impotence of the man goes back to the operations. However, this must "not mean a complete loss of marital sexuality," emphasized the Hammer Richter.
In addition, the alleged impotence of the man apparently did not lead to physical or psychological consequential damage, even for the wife. However, the partial loss of her marital sexuality was "not a violation of her body, her health or her right to sexual self-determination". It was "merely an effect of the alleged impotence on the applicant's life and not an interference with her legal status".
The judges of the 3rd civil senate of the OLG Hamm emphasized that they were not aware of a single decision with which a court had awarded the spouse pain and suffering compensation due to impaired sexual abilities - for example, after a traffic accident or as here after an operation. mwo