In the period from 2005 to 2011, the plaintiff regularly visited her gynecologist and underwent routine check-ups, during which cancer smears were also taken. During this period, the plaintiff was never informed about who examined these smears. Only when the last cancer smear test in 2011 was assessed as unfavorable did the defendant gynecologist arrange for more intensive control measures. During these check-ups, advanced cervical cancer was diagnosed. If the cancer smears had been examined professionally, indications of incipient cancer would have been found as early as 2005 to 2007 and the development of cancer could have been prevented by minor interventions. Now extensive surgery was necessary.

The Supreme Court emphasized in its decision that “a patient who visits a gynecologist for a (regular) check-up assumes that the gynecologist will take responsibility for all partial services required to make the expected statement about the risk of cancer. If the doctor does not point out that a further contract must be concluded with another specialist, she also assumes responsibility for the assessment of the smear test. She is then also liable for the pathologist called in as a vicarious agent. ”

This decision by the Supreme Court is not only groundbreaking from a legal point of view, but also has an impact on the annual check-up visits of many women. This is because it draws attention to the professional performance of the annual check-up, in particular the cancer smear test.