Are there deadlines for asserting claims in cases of medical errors?
March 19, 2023 | 50,00 EUR | answered by Thomas Eiserfelder
Dear Medical Law Attorney,
I am reaching out to you with a question regarding possible deadlines for asserting claims in cases of medical malpractice. About a year ago, I underwent a surgery that resulted in complications. Since then, I have been experiencing health issues which I attribute to the medical error. I am concerned that I may miss out on potential claims if I do not act in a timely manner.
In the past, I have tried to discuss my complaints with the treating physician, but my situation was not taken seriously and no solution was offered. I feel abandoned and do not know how to proceed. Therefore, I would like to know if there are specific deadlines within which I must assert claims in cases of medical malpractice.
Furthermore, I would like to know what specific steps I can take to secure my claims and potentially receive compensation. I am uncertain about how to navigate this complex legal situation and I am hopeful for your professional guidance.
Thank you in advance for your support and urgent assistance.
Sincerely,
Paul Schäfer
Dear Mr. Schäfer,
Thank you for your inquiry regarding possible deadlines for asserting claims in cases of medical errors. I am sorry to hear that you are experiencing health problems after surgery and feel abandoned. It is understandable that you are concerned about not being able to assert your claims in time.
In Germany, there are specific limitation periods for asserting claims in cases of medical errors. Generally, the limitation period for claims for damages due to medical treatment errors is three years from the time you became aware of the error and the resulting health problems or should have become aware of them. In some cases, the limitation period may only expire after 30 years, but this is rare.
It is important that you keep an eye on the deadlines and act in a timely manner to secure your claims. If you are unsure about how to assert your claims, I strongly recommend that you seek advice from a specialized attorney in medical law. An attorney can help you assess your legal options and assist you in asserting your claims.
To secure your claims and potentially receive compensation, it is advisable to gather all relevant documents such as medical reports, treatment records, expert opinions, and correspondence with the treating physician. These documents can serve as evidence and help support your claims.
In summary, I recommend that you consult with an attorney specializing in medical law as soon as possible to discuss your legal options and secure your claims. The sooner you act, the better you can protect your interests.
I hope that my explanations are helpful to you and I am happy to answer any further questions you may have.
Sincerely,
Thomas Eiserfelder
Attorney specializing in medical law
