Can I claim compensation for a faulty operation?
April 18, 2024 | 60,00 EUR | answered by Laura Vollmann
Dear Medical Lawyer,
I am reaching out to you because I recently had a surgery that resulted in complications. My name is Otto Lenzner and I underwent spine surgery two months ago. After the surgery, I experienced severe pain that was not present before. Additionally, I feel that my mobility is restricted and I am not as resilient as I was before.
I am concerned that a mistake may have been made during the surgery, leading to the current issues. I have already spoken to my treating physician, who dismisses the complications as a normal reaction of the body to the surgery. However, I remain worried and wonder if I may have a claim for damages.
Can you tell me if in such a case I can demand compensation from the treating doctors or the hospital? What steps would I need to take and what evidence would be necessary to assert my claims? Are there possibly alternative solutions to improve my situation if it turns out that a mistake was made during the surgery?
I am very grateful for your support and advice, and I hope that you can assist me in this difficult situation.
Sincerely,
Otto Lenzner
Dear Mr. Lenzner,
Thank you for your inquiry and for trusting in my expertise as a medical lawyer. I am sorry to hear that you are experiencing complications after your spine surgery. It is understandable that you are concerned and seeking information about possible legal steps.
In a case where you suspect that a mistake was made during the surgery and that it is causing your current issues, there may be a potential claim for compensation. Doctors and hospitals are required to perform medical treatments with due care. If this duty of care was breached and resulted in harm, you as a patient have the right to claim compensation.
To assert your claims, you should consult with a specialized medical lawyer like myself. Together, we will review all relevant documents such as medical records, treatment reports, and expert opinions to determine if there was indeed a medical error. It would also be advisable to seek a second opinion from another specialist to assess the situation from a medical perspective.
In order to pursue your compensation claims, it is crucial to prove the medical error. This requires medical reports and expert opinions. It is helpful to gather and keep all documents and information related to your case to present to your lawyer.
If it is determined after a thorough examination that there was indeed a medical error, aside from compensation, there are other possible measures to improve your situation. These may include initiating mediation procedures or seeking an out-of-court settlement with the treating doctors or hospital.
I am here to clarify any questions you may have and to support you through this challenging process. Please do not hesitate to contact me to schedule a detailed consultation.
Sincerely,
Laura Vollmann
Medical Lawyer
