If you harbor doubts about potential medical blunders, you can take appropriate actions.
Health mistakes can happen, even with medical professionals. If you, as a patient, suffer harm as a result, you might have a case for compensation. Here's what you need to know:
Despite obvious symptoms, the doctor missed the diagnosis. This led to unnecessary pain or a worsened condition: This is an instance of a medical mishap.
If you think a medical mishap has occurred, you might feel overwhelmed at first. But patients in such situations have legal options. Here's a rundown:
1. You bear the responsibility to prove the error
Typically: In cases of medical mishaps, the patient is responsible for proving that the doctor made a mistake, and that this mistake led to health damage. This requirement is explained on the "gesund.bund.de" portal.
Proving a medical mishap can be challenging. Medical errors are often difficult to prove, as stated on the portal. After all, health issues can have various causes.
2. Your health insurance is your point of contact
Thus, a medical expert opinion becomes necessary when suspecting a medical mishap. To obtain this, you can reach out to your health insurance provider. In such situations, it is required to provide free assistance - provided it paid for the treatment, as stated by the consumer center.
Two steps you can take to prepare yourself:
- Create a record: Document your perspective of the treatment. What did the doctor say or do? This information can be recorded in a log. It's helpful to note down participants, locations, events, and potential witnesses, along with dates, as suggested by "gesund.bund.de".
- Request documents: Obtain your treatment records from all doctors involved. These records can provide insights into the treatment from the doctor's perspective. You can request these records yourself or through your health insurance provider, provided you have signed a waiver of confidentiality.
Your health insurance provider will review these documents, request additional ones if necessary. If the insurance provider also suspects a justified suspicion of a medical mishap, it can commission a medical expert to provide an assessment. This service is free, as stated by the consumer center.
The expert report provides an assessment of whether there is health damage and whether the cause is a medical mishap. The health insurance provider will then formulate a final statement, serving as the basis for further legal action.
3. The alternate route: Regional medical associations
Another way to investigate a suspected medical mishap is to go through the regional medical associations, which have established expert committees and mediation bodies for this purpose. The appropriate contact point can be found on the "aerztekammern-schlichten.de" website.
To initiate this process, an application must be submitted. The respective regional medical associations offer forms for this purpose. Also here: The process is free. At the end, a statement is issued as to whether a medical mishap occurred after medical and legal evaluation.
4. According to the expert report, a medical mishap has occurred - a medical law specialist is required
At this point, it's time to involve a specialist lawyer in medical law to pursue damage claims. This is according to the consumer center. It's worth noting that damage claims usually expire after three years. This period begins at the end of the year in which you become aware of the possible medical mishap.
- Understanding your rights is crucial if you believe a medical mishap has occurred. According to health and safety regulations, medical professionals have a duty of care towards their patients.
- If you've gathered evidence suggesting a health and safety violation in your treatment, it would be prudent to seek legal advice from a medical law specialist.
