Every year thousands of people are injured in a medical procedure that does not go as they expected. It could be an incorrect diagnosis, a miss during an operation, or, for example, an incorrectly assessed CT scan. If the damage was caused by an error on the part of the healthcare provider involved, for example a surgeon, then the latter is liable. The care provider is then obliged to compensate your damage.
If you are injured as a result of a medical error, you are entitled to compensation if the care provider concerned has not acted as may be expected from a reasonably competent doctor. The damage that must be compensated can consist of material and immaterial damage, namely financial loss and punitive damages.
As in other personal injury cases, the starting point is that you must be returned to the same situation as before the wrong procedure as much as possible. The extent of the damage is determined by comparing your situation with the situation as it would have been without the medical error.
Pitfalls
A pitfall when recovering personal injury due to a medical error is that it can be difficult to determine whether there is an error on the part of the care provider or a complication. A complication is an unintentional and undesirable event or condition during or following medical specialist action, without the care provider being culpable. The doctor is not liable for the consequences of a complication, but he is liable for an error made.
Another pitfall when determining the damage after a medical error is that you already had something wrong, which led you to seek medical help. For example, there were already the necessary complaints and limitations and you may have been incapacitated for work as a result. These circumstances are taken into account when determining the damage.
Disputes
If it is not possible to reach agreement, for example because there is a discussion about whether there is a medical error or a complication, a medical expert will be called in. This jointly engaged expert judges the medical points of dispute and makes a binding judgement.
In addition, there is of course the possibility to start legal proceedings.
Knowing more?
As shown in this article, recovering personal injury after a medical error can be a difficult process. That is why it is advisable to hire a personal injury lawyer.
Would you like to submit your personal injury case to us? Feel free to contact us without obligation.