The Federal Court of the Federal Republic of Germany held that a medically unnecessary delay in performing an amniocentesis to test for chromosomal damage, with the result that a second necessary amniocentesis could not be performed before the time limit for undergoing an abortion expired, constituted medical negligence. The first amniocentesis had produced inconclusive results, and the plaintiff had given birth to a child suffering from Down's syndrome. The Court ruled that the physician who had caused the delay was negligent and remanded the case for determination of damages.
德意志联邦共和国联邦法院认为，在进行羊膜穿刺术以检测染色体损伤时出现医学上不必要的延误，导致无法在堕胎期限届满前进行第二次必要的羊膜穿刺术，构成医疗过失。第一次羊膜穿刺术的结果不明确，原告生下了一名患有唐氏综合征的儿童。法院裁定造成延误的医生存在过失，并将案件发回重审以确定损害赔偿。
