An operation is a major event for many people. You fully trust the expertise of the medical team and expect the procedure to be performed carefully. However, something can go wrong during an operation. In some cases this is a complication, but sometimes there is a medical error for which the hospital or doctor can be held liable.
In this blog we explain when there is a medical error during an operation, what you can do as a patient, how you can prove that the doctor or hospital is liable and how you can receive compensation.
When is there a medical error in the event of an operation?
Not every setback or complication during an operation automatically means that something was done wrong. A medical error is only relevant if the doctor has not acted as may be expected of a reasonably competent and careful doctor.
There is therefore an important difference between a complication and an error:
A complication is a known risk that can also occur with careful action.
An error is a culpable act or negligence, for example due to careless surgery, incorrect communication or inadequate aftercare.
Examples of medical errors during an operation
There are many situations in which culpable action can occur during or after an operation. Common examples are:
Operating on the wrong place or the wrong part of the body.
Leaving instruments or gauzes in the body.
Insufficient preparation or incorrect information about the patient.
Damage to nerves or organs due to careless actions.
Errors during anesthesia or anesthesia.
Insufficient monitoring or aftercare after the operation.
Infections as a result of insufficiently sterile working methods.
In all these situations there may be a violation of the duty of care.
The duty of care of the hospital and the doctor
A hospital and its employees have a legal duty of care. This means that they must act in accordance with the professional standard that applies within the medical profession.
When a doctor or hospital violates this duty of care - for example through negligent actions, wrong decisions or insufficient supervision - this can lead to liability.
In most cases, it is not the doctor who is personally liable, but the healthcare institution itself, because it is responsible for the organization and implementation of the care.
How can you demonstrate that there is a medical error?
To prove a medical error during an operation, evidence is essential.
You can take the following steps:
Request your medical file
You always have the right to inspect and get a copy of your file. This contains reports of the operation, the operation report, the aftercare and the doctors involved.Have the file assessed by a medical advisor
An independent medical expert can assess whether the doctor has acted carefully and whether there has been a culpable error.Collect additional evidence
Consider photos, correspondence, witness statements or reports from others specialists.
Read also:
👉 The medical file: inspection, copy and correction
👉 Causal connection in medical errors: when is the doctor liable?
Compensation for a medical error during an operation
If it has been determined that a medical error has occurred, you are entitled to compensation compensation. This compensation consists of both material and intangible damage.
Material damage can include:
Medical costs that are not reimbursed by health insurance.
Travel costs to doctors and specialists.
Loss of income due to disability.
Costs for domestic help or informal care.
Costs for aids or adjustments to the home.
Intangible damage (punishment) is compensation for the suffering, pain and loss of enjoyment of life that you experience.
The amount of compensation depends on the severity of the injury, the duration of recovery and the impact on your daily life.
Read also:
👉 Smartengeld for medical errors: what you need to know
👉 Compensation for medical liability
What can you do after an error during an operation?
Ask an explanation from the doctor or hospital
Sometimes an open conversation helps to gain clarity about what happened.Submit a complaint to the hospital
Any healthcare institution has a complaints procedure. You can submit an official complaint via the complaints officer.Have your case assessed by a personal injury lawyer
A specialized lawyer can assess for you whether the error is legally culpable and what compensation is possible.Start a liability procedure
If investigation shows that the doctor or hospital has acted culpably, a liability claim may follow. Your lawyer will arrange this on your behalf.
Read also:
👉 Loss of a chance with medical errors
👉 Informed consent: your right to clear information in medical treatments
Why Arslan & Arslan Lawyers?
At Arslan & Arslan Lawyers we have extensive experience with complex medical liability cases.
We work together with independent medical advisors and ensure that your case is handled with the utmost care.
We offer:
Free legal assistance: our costs we will recover damages from the liable party.
Expert assessment of medical files.
Personal guidance by experienced lawyers.
Maximum compensation for your injuries and suffering.
We understand that an error during an operation is drastic - physically and emotionally. That is why we relieve you of all legal concerns, so that you can focus on recovery.
Do you suspect a medical error during an operation?
Are you unsure whether the doctor acted carefully? Or would you like to know whether you are entitled to compensation?
Contact Arslan & Arslan Lawyers. We are happy to help you, free of charge and with the expertise your case deserves.