Publication date: 11.06.2024
Лоер
Legal protection of victims and recovery of moral and material damages in case of medical error.
Medical error is a serious problem that can have catastrophic consequences for the patient. From unwarranted amputations to crippling wrongful treatment, these situations require immediate legal intervention to protect the rights of victims. In this article, we will consider the main aspects of legal protection of patients and the procedure for recovery of moral and material damages.
Medical error: causes and consequences
A medical error can occur for various reasons:
Inadequate qualifications of medical staff: Doctors may not have enough knowledge or experience to properly diagnose or treat.
Carelessness: Fatigue, stress, or inattention can lead to serious mistakes.
Technical failures: problems with equipment or errors in the maintenance of medical records.
The consequences of medical errors can be catastrophic:
Unwarranted amputation: loss of a limb without proper medical indications.
Maltreatment that cripples: The use of incorrect treatments that result in a patient's condition worsening.
Legal protection of victims
The legal protection of victims of medical errors is as follows:
Consult a lawyer: The first step for a patient who has suffered a medical malpractice is to consult a qualified lawyer who specializes in medical law.
Collection of evidence: includes medical documentation, witness statements, examination results.
Medical examination: it is necessary to conduct an independent examination to establish the fact of medical error.Filing a claim: drawing up and submitting a claim to the court with a demand for recovery of moral and material damages.
Recovery of moral and material damage
In order to recover moral and material damage, it is necessary to prove the following aspects:
Fact of medical malpractice: providing evidence that medical care was provided incorrectly.
Causation: Establishing a connection between the error and the harm caused.
Amount of damage: determination of material damage (costs of treatment, lost earnings) and moral damage (psychological suffering, reduced quality of life).
Problems that arise during the investigation of "medical crimes":
• Insufficient qualifications of investigators, which leads to the need for expert research and the involvement of specialists to carry out actions, as well as to reluctance to investigate such cases.
• The need to promptly obtain permission from the court for temporary access to materials and documents. Situations often occur when, due to the delay in obtaining such permission, the medical institution has the opportunity to destroy evidence.
• Circular bail, which leads to the destruction of evidence (deletion of medical records, test results, etc.), as well as to the attempt to introduce any negative consequences or interventions under the guise of a medical error. Covering the committed by the management of medical institutions. Active resistance to investigation.
• Fine line between negligence, accident, medical error and reasonable medical risk.
The damage recovery procedure includes the following stages:
Collection and analysis of evidence: preparation of all necessary documents.Conducting a medical examination: to confirm the fact of a medical error.
Judicial proceedings: participation in court sessions, presentation of arguments and evidence.
Obtaining compensation: enforcement of a court decision and receiving compensation.
Conclusion
Medical errors, such as unnecessary amputations or crippling wrongful treatment, can have serious consequences for patients. Legal protection of victims and recovery of moral and material damages are important steps to restore justice. Patients need to know their rights and contact qualified lawyers to effectively protect their interests.
