Compensation for medical errors

Lawyers act on behalf of clients for compensation for medical errors

The treatment implemented does not always produce the expected results. Sometimes this is due to the properties of a particular organism resisting pharmaceuticals, and sometimes it is due to a misdiagnosis of the disease or faulty treatment, errors during surgery or simple medical negligence.

This leads to an aggravation of the disease, or even to another injury or the development of a new condition, and in the worst cases, to death. Events of this type can be very dangerous to the patient's health and life.

Law firms are increasingly offering comprehensive legal assistance in pursuing claims against healthcare providers such as hospitals, clinics, outpatient clinics, medical and dental practices or their insurers. Among the most common medical errors or omissionsthat solicitors face include:

  • failure to perform a caesarean section despite obvious indications to do so,
  • nosocomial infections,
  • making the wrong diagnosis,
  • denial of assistance to the patient,
  • failure to take appropriate treatment,
  • leaving a foreign body in the body after a surgical procedure,
  • leaving drill fragments inside the tooth after endodontic treatment.

Compensation for medical errors is not the only claim available

Compensation for medical error is a benefit intended to cover the financial losses incurred as a result of the event. It consists of expenses such as:

  • the cost of purchasing medicines,
  • medical expenses incurred,
  • rehabilitation costs, purchase of specialised equipment,
  • travel costs for treatments,
  • the costs of adapting the residence to the needs of the injured person.

It also covers the reimbursement of lost income and the cost of third-party care for the injured person - even in situations where the care was actually provided unpaid by family or friends.

In addition to compensationwhich acts as compensation for pecuniary damage suffered, the victim of a medical error is also entitled to compensation for non-material damage - so-called non-material harm.

It may take different formsThe amount of compensation is closely linked to the person of the victim and is subject to an individual and case-by-case assessment. The amount of compensation is closely linked to the person of the injured and is subject to individual and case-by-case assessment.

In addition to the above benefits, an injured person who, as a result of a medical error, has become permanently or long-term incapable of working or living independently, because he or she requires care, purchase and take medication, continue expensive treatment and rehabilitation, and whose needs have increased as a result, is entitled to a monthly pension.

Certain benefits are also available to the immediate family members of a person who, as a result of the medical error or negligence has died.

Obtaining compensation for medical malpractice is not a straightforward task and evidentially obvious

In order to be able to successfully claim against a healthcare provider, it is necessary to prove its fault (or, in principle, the fault of the doctor) for causing personal injury to the patient and the causal link between this act or omission and the injury.

This is a difficult task as doctors, and with them medical facilities, refuse in principle to accept liability for any damages, usually arguing their position on the grounds that the disease complications were in fact non-fault complications of the treatment process, of which the patient was informed and consented to.

In practice, it proves difficult to demonstrate a causal link between the improperly conducted treatment process and the damage itself. Given the complexity of the biological and chemical processes that take place in the human body, it is not possible to prove with 100% certainty the existence of a given causal link.

Therefore, a sufficient degree of probability is sufficient.

Lawyer acts on behalf of the injured party

Pursuing any claim against medical providers alone is a breakneck and exhausting task. Therefore, on behalf of those who have suffered or their families this lawyers most effectively pursue all kinds of claims against medical facilities. This saves injured parties the stress that an already unfavourable medical situation has caused beyond measure. We invite you to contact with our law firm Marek K. Wynimko operating in Białystok and other cities in the Podlaskie Voivodeship.

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