Incorrect diagnosis? Improperly performed procedure? Error in therapy? Although doctors, are above all supposed to do no harm – harm happens too often. We have helped hundreds of aggrieved patients repair them and obtained record compensation for them. If you or your loved ones suffer as a result of a doctor’s error, contact us and find out what compensation and satisfaction you and your loved ones are entitled to!
Do you want to obtain compensation and satisfaction for a medical error, but you don’t know where to start? Make the decision and select an attorney who will fix what has been damaged by a doctor.
Medical malpractice
Medical error? Medical malpractice? Incorrectly conducted treatment? You are entitled to compensation and satisfaction adequate to your suffering.
We guarantee:
Support
we will accompany you at every stage of the proceedings.
Certainty
we will not forget anything that may affect the amount of compensation and satisfaction for medical error.
Peace
our empathy, knowledge and experience guarantee that you are in the best of hands!
Let us help you and find out what it is like to work with a lawyer who specializes in compensation cases and satisfaction for medical errors. How does it look in practice?
Occurrence of a medical error
The occurrence of a medical error is a condition for the occurrence of civil liability of the doctor, the hospital or their insurers. How does a medical error occur:
- The action of a person practicing a medical profession is inconsistent with knowledge, procedures or principles of medical ethics,
- The faulty conduct is the result of recklessness or negligence or intentional action by a member of the medical staff,
- The patient suffered injury (his condition deteriorated or did not improve as much as he/she could have if everything had gone according to plan),
- There is a causal relationship between the error committed and the patient’s injury in the form of death, bodily injury or health impairment.
Medical error is caused not only by lack of sufficient knowledge and practical skills or simple clumsiness or inattention during the procedure, but also by inappropriate procedures or organization of the entity where medical services are provided.
Who bears the liability for a medical error?
Remember – every medical professional, as well as the medical facility itself, is obliged to exercise the utmost care at every stage of contact with the patient. A nurse, midwife, dentist or radiologist may bear responsibility for a medical error. A general practitioner from a small local clinic or a professor from a nationally recognized clinic may be the responsible person. A medical facility in which medical services were offered incorrectly may be liable instead of or together with the doctor who made the error. The liability of the insurer cannot be also ignored, i.e. the insurance company in which a given doctor or health care facility was insured, against the consequences of medical errors. Medical malpractice claims are most often directed to insurers.
What can be claimed for a medical error?
If a medical error or medical error has occurred, you have the right to:
- compensation,
- satisfaction for the damage suffered,
- other benefits.
What can you get as compensation for a medical error?
Compensation for medical malpractice is intended to compensate for property damage. Property damage includes losses incurred as a result of a medical error (e.g. expenses related to the purchase of subsequent drugs or payment for medical consultations and treatments) and benefits that could have been achieved if the damage had not been caused (e.g. earnings lost as a result of prolonged sick leave).
In the event of bodily injury or health impairment, compensation for the damage covers all resulting costs. At your request, the person obliged to repair the damage should provide in advance the amount needed for the costs of treatment. If the medical error resulted in disability, your claim may also include the amount needed to cover the costs of preparation for another profession.
What can you get as satisfaction for a medical error?
Satisfaction is a monetary benefit awarded for non-pecuniary damage caused by the perpetrator – the so-called injury. It is intended to alleviate the consequences of an unfortunate event. Its goal is to compensate for all negative experiences, in particular:
- Pain and any other physical discomfort,
- Mental consequences of a medical error (e.g. anxiety, depression),
- Possible consequences of defacement, bodily injury or health impairment,
- Limitations in everyday functioning,
Satisfaction should cover both the present suffering you have suffered and the suffering you will experience in the future. The amount of satisfaction depends on:
- Type of injury you suffered,
- Its extension (amount),
- Scope and duration of your psychological and mental suffering,
Other provisions for medical error
In addition to compensation and satisfaction, you may also demand other types of benefits in certain circumstances. The most important of them is the annuity. An annuity is a periodic cash provision, generally payable on a monthly basis, when, as a result of a medical error, the injured person:
- they have completely or partially lost the ability to earn money,
- their needs have increased,
- their prospects for future success have been reduced.
If the amount of damage cannot be accurately determined at the time of the judgment, you may be awarded a temporary annuity.
Provisions for relatives injured by a medical error
Benefits for medical errors are available not only to the injured person, but also to other entitled persons. If a medical error resulted in the death of the aggrieved party, the relevant entity is obliged to reimburse the costs of treatment and funeral to the person who incurred them. He is also obliged, above all, to pay appropriate satisfaction to his/her relatives.
On the other hand, the person towards whom the deceased had a statutory maintenance obligation may also demand from the perpetrator of the damage an appropriate pension for the probable duration of the maintenance obligation. The same annuity may be claimed by other relatives to whom the deceased voluntarily and constantly provided the means of subsistence.
How can you obtain compensation for a medical malpractice?
Firstly, it is necessary for you to collect all documentation (especially medical documentation) related to the event that caused the injury and determine the circumstances surrounding it. First of all, you have to:
- Gather witnesses who will be able to testify that a medical error occurred and what were its consequences,
- Secure all medical documentation and have it analyzed by another doctor (expert),
- Secure all evidence indicating the damage suffered (bills for treatment, purchase of medicines or rehabilitation devices and all types of medical certificates),
Secondly, you should prepare an appropriate letter and submit a request to the appropriate entity to pay compensation and satisfaction. If the entity responsible for the error has concluded an insurance contract, such a request should be submitted to the insurance company.
Thirdly, if payment demands and negotiations do not lead to a satisfactory settlement, the payment case should be referred to the competent court. There, you need to provide appropriate evidence confirming the extent of the damage and combat for a fair verdict.
Is there a statute of limitations for compensation for medical malpractice?
Unfortunately yes! This occurs after three years from the date on which you learned, or with due diligence could have learned, about:
- the injury, and
- the person obligated to repair it.
This period may not be longer than ten years from the date on which the event causing the damage occurred. A longer limitation period applies to cases where the damage was caused by an act constituting a crime or misdemeanor. In such a case, the claim for compensation for damage becomes statute-barred after twenty years from the date of committing the crime. This effect occurs regardless of when the aggrieved party learned about the damage and about the person obliged to repair it.
In turn, the limitation period for claims for compensation for damage to a minor may not end earlier than two years after he or she becomes an adult.
The responsible entity does not want to pay you appropriate compensation for medical error? What actions will we take to encourage them to do so?
01
We will determine your possibilities
At the first meeting we will establish the possibilities of action. We will analyze your legal and actual situation. We will explain all the legal basis for future actions and choose the best one. We will obtain expert opinions on the causes and scope of the damages you have suffered.
02
A letter to the entity responsible for the medical error
On your behalf, we will submit a request to the entity responsible for the medical error for voluntary performance and payment of compensation and compensation. We will inform you what awaits him if he does not respond to your demands. This will open the way to exercising your rights in judicial proceedings.
03
Lawsuit and representation in court
If the entity responsible for the medical error does not cooperate appropriately, we will force it to do so in court. We will file an appropriate lawsuit on your behalf and represent your interests in the appropriate proceedings. After obtaining a favorable judgment, we will enforce its rulings.
01
We will determine your possibilities
At the first meeting we will establish the possibilities of action. We will analyze your legal and actual situation. We will explain all the legal basis for future actions and choose the best one. We will obtain expert opinions on the causes and scope of the damages you have suffered.
02
A letter to the entity responsible for the medical error
On your behalf, we will submit a request to the entity responsible for the medical error for voluntary performance and payment of compensation and compensation. We will inform you what awaits him if he does not respond to your demands. This will open the way to exercising your rights in judicial proceedings.
03
Lawsuit and representation in court
If the entity responsible for the medical error does not cooperate appropriately, we will force it to do so in court. We will file an appropriate lawsuit on your behalf and represent your interests in the appropriate proceedings. After obtaining a favorable judgment, we will enforce its rulings.
Do you have a problem with the entity responsible for a medical error? Does anything remain unclear? Contact us and find out what we will do to make them take you seriously.
Office in the centre of Kielce
You are cordially invited to contact me and meet me in person to discuss the possibilities and optimal legal solutions.