Citation

Hildebrand ED, Hitzer K, Puschel K. Versicherungsmedizin 2006; 58(1): 29-33.

Vernacular Title

Unfallmassige Selbstbeschadigung oder

Affiliation

Institut für Rechtsmedizin, Universitätsklinikum Hamburg-Eppendorf.

Copyright

(Copyright © 2006, Verlag Versucherungswirtschaft)

DOI

unavailable

PMID

16553224

Abstract

A 50-year-old surgeon was working with his electrical circle saw as a do-it-yourselfer. He was alone, nobody witnessed his mishap when he amputated his left index finger. He claimed high financial compensation from two accident insurance companies because of his disability. A long series of medical expertises followed. The juridical procedures took 12 years in total. All higher authorities had to deal with the forensic medical implications. Finally, the high court (Bundesgerichtshof) decided that the complainant would receive no compensation because he gave two very different descriptions. Concerning the reconstruction of the accident, the first version was unlikely from a biomechanical point of view. The decision of the court was solely based on the violation of the obligation to give a clear presentation of the course of events (Obliegenheitsverletzung).

Language: de