How long do medical negligence claims last

Medical malpractice: how to claim damages

As a patient, you generally have to prove that there has been a treatment error and that this was the cause of the damage you suffered. Exceptions:

a) There is a gross malpractice.

b) The doctor did not provide you with the information or provided it incorrectly.

a) Gross medical malpractice

Gross is a medical malpractice, though

• the doctor has violated proven medical treatment rules or established medical knowledge and
• This behavior is no longer understandable from an objective point of view, because a doctor must not undermine it.

Example: An ophthalmologist determines that vision has deteriorated from 60 percent to 30 percent. Nevertheless, he does not investigate the cause and does not consider the optic nerve.

In the case of a gross malpractice, it is presumed that the mistake directly caused the damage. You do not have to prove the connection between error and damage. But you still have to prove that the doctor made a mistake and that you suffered damage.

b) Incorrect explanation

In the event of a misunderstanding, the doctor must prove that he or she has provided you with sufficient information and obtained your consent. In this case, however, you must plausibly demonstrate that you would have decided against the intervention if the information had been correctly provided. Clarification includes, for example, the type, scope and risks of the medical treatment as well as the necessity and prospects of success. You can read more about the clarification here.