A medical error means that a doctor has not acted as may be expected of a reasonable and competent doctor. This means that the GP deviates from what is considered careful and correct in the medical profession.
There is not always an error when a treatment or diagnosis goes wrong. Sometimes a complication can arise without the doctor having done anything wrong. Only when the general practitioner can be blamed - for example because he or she did not conduct sufficient research or ignored warnings - is there a medical error.
Common examples of errors among general practitioners
GPs have a broad field of work and often have to make decisions under time pressure. This is precisely why medical errors occur regularly in general practice. Some examples are:
Failure to refer to a specialist or too late.
Missing a serious condition such as cancer, heart attack or pulmonary embolism.
Incorrectly interpreting test results or lab results.
Prescribing the wrong medication or incorrect dosage.
Insufficient explanation or incorrect information to the patient
Failure to follow up alarm signals or complaints (in a timely manner).
Such errors can lead to worsening of the disease, permanent injury or even death. In those cases, the patient or his surviving relatives can hold the GP liable for the damage.
When is the GP liable?
To establish liability, three conditions must be met:
There must be an error or negligence
The GP has not acted as a reasonably competent and careful doctor would in the same situationThere must be damage
This may involve physical, psychological or financial damage.There must be a causal link between the error and the damage
The damage must result directly from the careless actions of the GP.
Only when these three conditions are met, is the GP or his insurer liable.
How can you prove a medical error to the GP?
An important first step is to request your medical file. By law, you always have the right to inspect and obtain a copy of your file. This contains the findings, diagnoses and notes of your GP.
Based on this file, a medical advisor can assess whether the GP has taken the correct steps or whether there has been a medical error. Sometimes additional research is necessary by an independent medical expert, for example to determine whether the injury was actually caused by the GP's actions.
📎 Tip: Keep all medical documents, correspondence and notes carefully. They are of great importance in proving liability.
Compensation for medical errors by the GP
If liability has been established, you are entitled to full compensation. This consists of both material and immaterial damage.
Material damage can consist of:
Costs of medical treatments or medicines that are not reimbursed by health insurance.
Travel costs to doctors or specialists.
Loss of income if you are (temporarily) unable to work.
Costs for household help or adjustments in your home. house.
Intangible damage (punishment) is compensation for pain, sorrow, fear and loss of enjoyment of life. The amount depends on the severity of the injury and the consequences for your daily life.
Read also:
👉 Penalty for medical errors
👉 Compensation for medical liability
What can you do if you think your doctor has made a mistake?
Ask your doctor for an explanation
Sometimes an ambiguity or misunderstanding can be resolved after consultation.Request your medical file
This is your right and essential for further investigation.Have a medical advisor view the file assess
This expert assesses whether the GP's actions deviated from what could be expected from a medical point of view.Get legal help
A specialized personal injury lawyer will help you collect evidence, determine liability and calculate your damages.
Also read:
👉 Informed consent: your right to clear information with medical treatments
👉 The medical file: access, copy and correction
Why choose Arslan & Arslan Lawyers?
At Arslan & Arslan Lawyers we have years of experience in medical liability cases. We understand that a medical error not only has physical, but also emotional and financial consequences.
That is why we provide:
Completely free legal assistance: we recover our costs from the liable party.
Expert assessment by medical advisors.
Fast and personal guidance.
Maximum compensation for medical errors.
We take the legal process completely off your hands, so that you can focus on your recovery.
Have you experienced a medical error with your GP?
Are you unsure whether there is a medical error or do you want to know whether you are entitled to compensation?
Please contact our specialists in medical liability immediately. We will assess your situation free of charge and without obligation.