The focus of our activities is the area of medical liability. The medical liability law was standardized in 2013 through the Rights of Patients Act. However, this did nothing to improve the legal situation of damaged patients. But it also did not make it worse.
You are still entitled to compensation and damages if your health has been compromised due to a medical treatment error. However, you must present proof for the following 3 conditions:
- the medical treatment error,
- the damage,
- the causal relationship between the medical treatment error and the damage (that the damage in fact resulted from the medical error).
In many cases the third condition presents the most difficulty. If other causes can be considered for the damage, such as a pre-existing illness or condition, the court could come to the conclusion that the causal relationship could not be proven. The case is dismissed. To disprove such an assessment requires utmost professional insight and commitment from us lawyers and the medical professionals with whom we collaborate. We work with experts covering all medical areas, who, if required, will provide us with a medical assessment/expert report.
But there are also simpler cases. For example, when the court comes to the conclusion that a serious medical treatment error exists. In this case the burden of proof is reversed with regard to the causal relationship – the attending physician must prove that the resulting injury was not in fact caused by a medical error. Further exceptions have been established through precedential cases.
Many different medical treatment errors exist. For example:
- wrong diagnoses,
- insufficient clarification/explanation,
- measures not carried out/not applied in time,
- missing but required clinical results/reports
- or also an operation carried out unprofessionally.
Often the patients are uncertain as they do not know whether in fact a medical treatment error has lead to their injury or whether the injury might be a result or the normal course of their illness. It is our task to figure that out.
Assessment of Damages
Has a medical treatment error been established as the cause of the injury, damages must be assessed (quantified). The following positions can be enforced:
- compensation for injuries suffered
- loss of earnings
- care needs
- additional costs incurred through the damage such as travel expenses etc.
In order to establish what damages and to what amount can be enforced in your specific case, not only your medical history must be analyzed in great detail, but also how you will live with the injury incurred in the future.