Arzthaftung bei fehlerhafter Präimplantationsdiagnostik

According to 3a ESchG, preimplantation genetic diagnosis is permitted on a restricted basis. It offers couples the opportunity to find out about specific genetic dispositions of an extracorporeally generated embryo previous to implantation. In the event of errors occurring in the course of such an analysis, the question regarding the liability of the doctor concerned may arise. In this context the author discusses the problem if and against whom a contractual or tort liability can be claimed in such an event. She places special focus on the liability for additional findings. Furthermore, legal permissibility of liability limitations is investigated since incorrect preimplantation genetic analysis may result in considerable liability risks.