Personal injury is a complex area of law with numerous legal aspects that can affect victims. A medical error can have far-reaching consequences. In addition to physical or mental damage, you may also have to deal with high costs and a long rehabilitation period. In this article we discuss the legal aspects of personal injury due to a medical error, with a focus on two recent Supreme Court decisions, the challenges with insurance companies, and tips for victims.
Medical Mistake with Impact on Personal Injury Claim
A recent case in which a patient held a hospital liable for an alleged medical error serves as an example. The patient was asked to complete a medical authorization to share medical information with the hospital lawyer. This procedure underlines the importance of transparency and the role of medical data in personal injury claims.
The case illustrates how a patient’s lack of consent to share medical information can impact the assessment of a claim. The Supreme Court has set out specific criteria for the design of medical authorizations, clarifying the legal framework surrounding this aspect of personal injury claims.
Patient consent for provision of medical data
On December 1, 2023, the Supreme Court ruled in ECLI:NL:HR:2023:1682 that a medical provider may not share a patient’s medical data with a lawyer without the patient’s consent. This applies to the extrajudicial settlement of claims. If the patient refuses consent, the hospital does not have to take a substantive position on the claim.
Patient’s right of access to medical advice
In ECLI:NL:HR:2023:1670, the Supreme Court ruled on December 1, 2023 that a patient does not have the right to inspect medical advice requested by the hospital’s liability insurer. This advice assesses whether the treatment was carried out according to the rules of the art. The patient has no rights against the doctor who prepared the advice.
Protection of Medical Data and Patient Rights
The recent Supreme Court ruling on December 1, 2023 emphasizes the protection of medical data and patient rights when handling medical liability claims. Medical data falls under the legal professional secrecy of doctors, protected by national and international regulations. The ruling confirms that medical providers may not share medical information with lawyers without the patient’s consent during the out-of-court settlement of personal injury claims.
The Supreme Court recognizes the importance of medical authorizations, but points out that the absence of authorization does not automatically mean that the hospital must take a substantive position on the claim. This sheds light on the complexity of obtaining consent and its implications for personal injury proceedings.
For more in-depth information about dealing with personal injury claims due to medical malpractice, please refer to our article on “Personal Injury Due to Medical Malpractice: Pitfalls When Recovering for Your Damages”. Here we take a closer look at specific pitfalls and tips for victims.
Challenges in Dealing with Insurance Companies
Personal injury victims often face challenges when dealing with insurance companies, and we explore how this recent ruling may affect them. Insurance companies often try to question the causal link between the injury and the accident, especially when there are no objective medical explanations.
In this ruling, the Supreme Court provides clarity about the protection of medical data, which gives victims a solid legal basis in negotiations with insurance companies. This makes it easier for victims to obtain their rightful compensation.
Understand the Legal System in Personal Injury Cases
Personal injury cases require an in-depth understanding of legal procedures, evidence and negotiation tactics.
In cases of personal injury due to medical malpractice, it is essential that victims understand how medical authorizations work and what role they play in gathering evidence. A good understanding of their rights and the legal processes allows victims to be stronger in their personal injury claim.
Legal Rulings as Support for Personal Injury Victims
Personal injury cases are often emotionally taxing, and legal clarity provides victims with reassurance that their rights are taken seriously.
The Supreme Court’s ruling serves as a milestone for personal injury victims, because it strengthens the protection of their privacy and medical data. Victims can now pursue their personal injury claims with more confidence, knowing that their medical information will not be shared without consent.
For specific information about recovering personal injuries due to medical malpractice and its legal aspects, we recommend that you consult our article on “Personal damages due to medical malpractice: pitfalls when recovering your damages“.
Role of Specialist Lawyers
Specialized personal injury lawyers, such as at CMJ Advocatuur, play a crucial role in assisting victims and safeguarding their rights. Personal injury cases require expertise in medical law, insurance matters and the complex legal landscape. In cases of medical errors, as described in the recent Supreme Court ruling, specific knowledge of medical procedures and protocols is essential. As a personal injury lawyer, I am well versed in this matter and have the necessary experience to effectively represent your interests.
At MCJ Advocatuur we understand that personal injury involves more than just physical pain; it often also has emotional and financial consequences. That is why we are committed to a holistic approach, where we not only provide legal assistance but also understand your personal challenges. Our in-home service is just one example of how we strive to maximize your comfort and convenience throughout the personal injury process.
For more information about how a personal injury case proceeds and how MCJ Advocatuur negotiates full financial compensation as your personal injury lawyer, please read our article How does a personal injury case proceed? Consult your lawyer to negotiate full financial compensation.
Have you suffered personal injury due to a medical error?
Please feel free to contact MCJ Advocatuur for a personal intake interview. We will discuss your situation and see what the options are for claiming compensation.
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