Publication date: 11.06.2024
Лоер
Medical error: groundless amputation. Recovery of moral and material damage.
A medical error is a serious violation that can lead to significant physical, moral and material losses for the patient. One of the most critical mistakes is an unnecessary amputation, when a patient loses a limb without proper medical indications. In such cases, the patient has the right to compensation for moral and material damage.
Reasons for unjustified amputations
The reasons leading to groundless amputations can be diverse:
Diagnostic errors: Incorrect interpretation of examination results or underestimation of important symptoms can lead to making the wrong decision about the need for amputation.
The human factor: Fatigue, stress, inexperience or inattention on the part of medical staff can cause serious errors.
Inadequate communication: Lack of proper communication between health care providers can lead to wrong decisions, wrong treatment that is crippling.
Technical failures: Equipment errors or inaccuracies in medical records can also cause incorrect diagnoses and decisions.
Cases of unjustified amputations
Unfortunately, there are cases of groundless amputations in the history of medicine. One example is a situation where a healthy limb was mistakenly amputated for a patient with a diabetic foot due to a misinterpretation of the examination results. Such a case had serious consequences for the patient, caused public outrage and questioned the professionalism of the medical institution.Consequences for the patient and medical professionals
Unwarranted amputation has severe physical and psychological consequences for the patient. Loss of a limb leads to loss of mobility, deterioration of quality of life and serious psychological trauma. For healthcare professionals, such an error can mean loss of professional reputation, lawsuits and disciplinary action.
Legal aspects of unjustified amputation
Liability for a medical error that led to an unwarranted amputation is governed by health care legislation and civil legislation.
The main legal acts regulating this issue are:
The Civil Code of Ukraine: defines the grounds for compensation for moral and material damage.
The Law of Ukraine "Basics of the Legislation of Ukraine on Health Care": establishes the rights of patients and the duties of medical workers.
The Criminal Code of Ukraine: provides for liability for improper performance of professional duties by medical workers.
Grounds for recovery of moral and material damage
To recover moral and material damage, the patient must prove the following:
The fact of medical error: it is necessary to provide evidence that the amputation was performed without proper medical indications.
Causation: a connection must be established between the medical error and the harm caused.
Amount of damage: determining the amount of material damage (medical expenses, lost earnings, etc.) and moral damage (psychological suffering, loss of quality of life).Damage recovery procedure
The procedure for recovery of moral and material damage includes several stages:
Preparation of documents: collection of medical reports, acts, receipts for treatment, testimony of witnesses, etc.
Medical examination: conducting an examination to confirm the fact of a medical error.
Filing a lawsuit: drafting and submitting a lawsuit to the court.
Judicial proceedings: participation in court sessions, providing evidence and arguments.
Enforcement of a court decision: receiving compensation in accordance with a court decision.
Determining the amount of compensation
The amount of compensation for unjustified amputation depends on the following factors:
Material damages: expenses for treatment, prosthetics, rehabilitation, lost earnings.
Moral damages: the degree of physical and psychological suffering, loss of social status, disruption of the usual way of life.
Conclusion
Unwarranted amputation is a serious medical error that has serious consequences for the patient. In such cases, the patient has the right to recover moral and material damages and legal protection. For this, it is necessary to go through a complex procedure of gathering evidence, medical examination and court proceedings. It is important to know your rights and have qualified legal support to successfully protect your interests.
