Is the doctor liable for a treatment error?
August 22, 2023 | 50,00 EUR | answered by Laura Vollmann
Dear lawyer,
I am reaching out to you with a question regarding medical law, as I have recently undergone medical treatment where I suspect a medical error may have occurred. My name is Sven Winterberg and I am 34 years old. Two weeks ago, I sought medical treatment due to severe back pain. The doctor prescribed a pain therapy which did not improve my condition. On the contrary, my symptoms have worsened.
I am concerned that the doctor may have committed a medical error and wondering if he can be held liable for it. I have heard that doctors have a duty of care and can be held liable for breaching that duty. Is that correct and how should I proceed in such a case?
I am worried about my health and want to ensure that I do not suffer any harm from a possible medical error. What steps should I take to clarify the situation and potentially receive compensation? Are there specific deadlines I need to be aware of and what evidence should I gather to support my claims?
Thank you in advance for your assistance and I look forward to your assessment of my case.
Sincerely,
Sven Winterberg
Dear Mr. Winterberg,
Thank you for your inquiry regarding a possible medical error in the course of your medical treatment. It is understandable that you are concerned and would like clarity on the situation. Indeed, doctors have a duty of care that requires them to exercise necessary care in the treatment of their patients. Breaches of this duty can lead to liability for the doctor.
To determine if there is indeed a medical error, I recommend consulting a specialized medical law attorney. They can review your medical records and treatment history to determine if the doctor may have breached their duty of care. In such a case, you may be able to claim damages.
It is important that you act quickly, as there are specific deadlines for claiming damages. Typically, the limitation period for claiming damages in the case of a medical error is three years from the date of knowledge of the damage. Therefore, I recommend seeking legal advice as soon as possible.
To support your claims, you should gather all relevant medical records, such as doctor's letters, reports, medication plans, and treatment protocols. These serve as evidence of a possible medical error. Additionally, testimonies from other treating doctors or caregivers may be helpful.
In your case, it is advisable to contact a medical law attorney promptly to discuss your legal options and seek clarification of the situation. I hope that my information is helpful to you and I am available to answer any further questions you may have.
Sincerely,
Laura Vollmann
