Negligence doctors

Medical negligence: legal liability and legal assistance

Medical negligence is a mistake or negligence of a medical professional that leads to a deterioration in the patient’s health. When the question arises of holding a doctor liable for negligence, the help of a qualified lawyer is needed. In this article we will look at the legal stages of a lawyer’s work, the conditions for the provision and non-provision of legal assistance, as well as other important aspects on the topic of doctors’ liability for medical negligence.

In 2024, in Ukraine, medical negligence is regulated by medical negligence laws (Ukraine Law 2024), such as the Law of Ukraine “On Health Protection” and the Civil Code of Ukraine. Negligence is defined as errors or negligence by medical professionals that result in harm to the patient's health. Liability for negligence may include civil, administrative and criminal penalties. A lawyer for medical negligence, the law of Ukraine says that patients have the right to file complaints with medical commissions or in court if the issue cannot be resolved peacefully. Legal assistance is necessary to assess the situation and ensure compensation for the harm caused.

Legal stages of a lawyer

• Initial consultation with a medical malpractice lawyer: During the first meeting, a medical malpractice lawyer clarifies the circumstances of the case, examines medical documentation and determines the prospects for litigation.
• Gathering evidence: Medical malpractice lawyers help you collect all the necessary evidence, including medical reports, witness statements and documents confirming the fact of negligence.
• Filing a claim: After collecting evidence, the lawyer prepares and files a statement of claim for medical negligence in court.
• Trial: At this stage, the lawyer represents the interests of the client in court, interviews witnesses, experts and conducts legal argumentation.
• Making a decision and its execution: a lawyer for medical negligence in Ukraine controls the execution of the court decision, including the receipt of compensation by the client.

Terms of provision of legal services

• Documentary evidence: legal procedure for medical negligence can be provided if the client has documents confirming the fact of negligence: medical records, extracts, expert opinions.
• Compliance with deadlines: It is important that the client seeks legal assistance within the statute of limitations established by law (medical negligence lawyer law).
• Adequate Health: The client must be able to participate in the collection of evidence and court proceedings.

Conditions under which the service cannot be provided

• Lack of Evidence: If the client cannot provide documentation to support the fact of negligence, the lawyer will not be able to effectively handle the case.
• Statute of Limitations: If the statute of limitations has expired, you cannot file a claim.
• Incorrect information: If the client provides false or distorted information, the lawyer will refuse to handle the case.

How to figure it out yourself

• Collect documents: Start by collecting all medical documents that can confirm the fact of negligence, find out the negligence of doctors and where to contact. Check the statute of limitations: Find out if the statute of limitations on your case has expired.
• Consultation with Experts: Seek advice from independent medical experts to obtain their opinion or possible compensation for medical negligence.
• Research the Law: Familiarize yourself with the laws governing medical malpractice and legal liability for medical malpractice.

Common questions

• How to prove doctor negligence? Gathering Evidence: Collect all medical documents, case histories, prescriptions and statements related to treatment. Expert Consultation: Consult another qualified physician to obtain an independent expert assessment of the first physician's actions. Documenting violations: Record all violations and inconsistencies in the physician's actions, including failure to comply with standards of care. Testimony: Find witnesses who can corroborate b negligence, such as medical personnel or loved ones.
• What are the chances of success in court? The chances depend on the availability of evidence and compliance with all legal procedures.
• Where can I get a sample statement for medical negligence? In Ukraine, sample statements of medical negligence can be found on specialized legal websites, patient forums or websites of organizations involved in protecting the rights of patients. You can also contact a lawyer to help you tailor your application to your circumstances.
• How to protect yourself from medical negligence? Try to choose doctors and medical institutions that have a good reputation and positive reviews. Check their degrees, certificates and work experience. Before having any medical procedures or taking medications, make sure you fully understand what will happen and the risks. Feel free to ask questions and demand explanations. Know your rights as a patient. In some countries, there are special organizations and laws that protect the rights of patients and regulate medical practice.
• What cases are considered medical negligence? Medical negligence is the failure or improper performance of professional duties that results in harm to the patient. Basic cases of negligence may include: Misdiagnosis: The doctor makes an incorrect diagnosis, which leads to incorrect treatment or lack of necessary treatment. This may be the result of insufficient examination, ignoring symptoms, or a discrepancy between the diagnosis and test results. Medication errors: The doctor prescribes inappropriate or inappropriate treatment that may worsen the patient's condition or cause side effects. This may include medication errors, incorrect dosing, or the use of outdated or ineffective treatments. Violation of protocols: Failure to follow established medical protocols and standards, such as not having required examinations or ignoring the results of tests or procedures. Failure to perform duties: Failure to properly monitor the patient's condition, ignoring complaints or symptoms that require attention. This may also include failure to monitor the patient's condition after a procedure or surgery. Surgical errors: Errors during surgical operations, such as performing the procedure incorrectly, leaving foreign objects inside the body, or damaging adjacent organs or structures. Insufficient information: Failure to adequately inform the patient about the risks and possible consequences of a treatment or procedure, resulting in a decision based on insufficient information. Inadequate emergency response: Failure to respond correctly and in a timely manner to medical emergencies or complications. Misinterpretation of test results: Errors in the interpretation of the results of medical tests, x-rays or other diagnostic tests that can lead to inappropriate treatment.

What determines the cost of a lawyer

This matter requires resources and time.

• Complexity of the case: The more complex the case, the higher the cost of services.
• Qualification of a lawyer: The services of experienced and highly qualified lawyers are more expensive.
• Amount of work: The more documents you need to collect and study, the higher the cost.
• Need for expertise: If the involvement of independent experts is required, this also increases the cost. And also in a regional issue. For example, a lawyer for medical negligence in Kyiv may cost more than in another city in Ukraine.