What to do in case of medical malpractice ?

In recent years, there has been an increasing number of reports in newspapers and on radio and television about proceedings, some of which have caused a sensation, in which patients have suffered damage to their health as a result of a treatment error, some of whom have suffered lifelong impairments or have even died. Likewise, there is an increasing number of reports on proceedings in which doctors defend themselves against the accusation of a treatment error.

The reporting clearly shows, apart from the media hype, that on the one hand the relationship between doctor and patient is a very special one, but above all that establishing a treatment error and its consequences is one of the most difficult tasks for lawyers and medical professionals.

Not everything that looks like a treatment error at first glance actually turns out to be an error on the part of the doctor, the clinic and/or the nursing staff upon expert examination.

Malpractice ?

In order to understand this, it is important to know that the doctor and/or hospital is not responsible for successful treatment, but only for proper treatment in accordance with the state of the art in medicine and the relevant guidelines. If the treatment fails, this does not mean that the doctor or hospital has treated the patient incorrectly.

Apart from the probably high number of unreported cases, the number of actual treatment errors determined by experts is around one third of the treatment errors of which doctors or hospitals are accused. In all other cases, a treatment error could not be proven or the failure of the treatment, possibly even the death of the patient, was fateful.

Preserve evidence in case of suspicion:

It is particularly important for patients and their relatives or surviving dependants to act as quickly as possible in the event of a suspicion of a possible treatment error.

The most important thing here is to secure evidence. This means, for example:

  • Establishing the names of the attending physicians and, in the case of inpatient treatment, also of the nursing staff, if possible.
  • In the case of inpatient treatment, the names and addresses of room neighbours should also be ascertained. These can be of enormous importance as witnesses.
  • A chronological list of the treatment measures carried out, as well as the suspected errors, whether errors by the doctors or the nursing staff, should be drawn up promptly.

Counselling:

Legal advice should be sought at the very first suspicion of malpractice, especially to ensure that evidence is properly preserved. Many cases fail due to insufficient preservation of evidence and inadequate preparation.

Patient records:

Every patient has the right to inspect the treatment records and to have a complete copy of the treatment records made. However, this should be left to an experienced medical lawyer, as the structure and completeness of the treatment records are not obvious to the layperson. It has also been shown that doctors and hospitals tend to react hesitantly to requests from patients and their relatives, thus thwarting patients' rights.

Reviewer:

Patients and their relatives have the option of having a suspected treatment error investigated free of charge by the expert commission or arbitration boards set up at the medical associations. Patients with statutory health insurance can also commission their health insurance company to have an expert opinion prepared by the medical service of the health insurance companies.

This application for an expert opinion should always be formulated by an experienced medical lawyer, as he or she is able to present the medical context accurately and to work out the responsibilities of the division of labour in practices and clinics. It is also important to relieve the emotional burden of those affected.

Further correspondence with doctors, clinics and their liability insurers, as well as possible legal proceedings, are always the responsibility of the lawyer.

If you suspect that you or a relative may have been injured as a result of faulty medical treatment, I am happy to provide you with comprehensive advice at short notice and to represent your interests against the service providers and their liability insurers.

Lawyer Dirk Möller

Specialist lawyer for medical law

Tel.: 0202-450036

E-mail: d.moeller@medizinrecht-wuppertal.de

 

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