On the duty of the physician to inform the patient of the risk of damage to the plexus brachialis as a result of telecobalt therapy

The BGH judgment deals with plaintiff's contractual and tortious claims relating to hospital X which carried out the operation, and hospital Y plaintiff was referred to by hospital X for the purpose of post-operative irradiation. In addition, it is examined whether there are claims against hospital Y, or its performing or vicarious personnel (contractual and tortious aspects), on account of claims resulting from breach of the duty to inform. Judgment does not deal with the question whether the charge of damage due to incorrect therapy applies (in lack of sufficient evidence in the judgment against which appeal was lodged) and with questions of the running out of the period of limitation. (BGH, judgment of December 12, 1989 (VI ZR 83/89, Zweibruecken). (RST)