What conditions must be met in order to assert claims for damages against a doctor?
April 29, 2022 | 40,00 EUR | answered by Jenny Richter
Dear Medical Law Attorney,
I am reaching out to you because I am in a difficult situation and urgently need legal advice. My name is Nina Weiß and I recently had a doctor's appointment that did not go as expected. I have been dealing with health problems for some time and relied on the experience and expertise of the doctor. Unfortunately, it has been revealed that a serious mistake was made during the treatment, leading to further health issues.
Now I am wondering if I can claim damages against the doctor and what conditions need to be met for that. I am very worried about my health and financial situation, as I have incurred additional costs for further treatments and potentially loss of income due to the doctor's mistake.
I am aware that it is not easy to enforce claims for damages against a doctor and that certain conditions need to be met. I would be grateful if you could explain to me the specific criteria that need to be met in order for me to pursue my claims. Are there specific deadlines that I need to be aware of? What evidence is required to prove the doctor's mistake?
I hope you can help me in this difficult situation and provide me with information and advice on how to best proceed to protect my rights. Thank you in advance for your assistance.
Sincerely,
Nina Weiß
Dear Ms. Weiß,
Thank you for your inquiry and I understand that you are in a difficult situation. It is important that you inform yourself in a timely manner and, if necessary, take legal steps to protect your rights.
In your case, where a serious error occurred during medical treatment, you generally have the option to claim damages against the doctor. In order for such claims to be successfully enforced, certain conditions must be met.
First and foremost, it is important that a medical error has occurred. A medical error occurs when the doctor has violated the duty of care expected in similar cases. This violation must be provable in order to claim damages.
Furthermore, you must be able to prove that you have suffered harm as a result of the medical error. This harm can be both health-related and financial in nature. Health damages must be documented through medical reports or records, while financial damages may require presenting invoices for additional treatments or income losses.
There are also certain deadlines that you must adhere to in order to make your claims. Generally, the statute of limitations for claims for damages due to a medical error is three years from the knowledge of the harm and the responsible party. It is therefore important that you act promptly and seek legal advice.
To prove the doctor's error, medical reports or expert opinions can be helpful. It is advisable to gather all relevant documents and evidence and present them to a lawyer specializing in medical law, who can assess your situation and assist you in enforcing your claims.
I hope this information is helpful and I am available for further questions or personal consultation.
Sincerely,
Jenny Richter
Medical Lawyer
