Can I claim compensation if a doctor has caused me physical or emotional harm?
September 17, 2023 | 55,00 EUR | answered by Jenny Richter
Dear Medical Law Attorney,
I am reaching out to you with a question that has been troubling me and causing me great concern. My name is Clara Czakaj and I recently underwent a medical treatment where a doctor caused me physical or even emotional harm. I am very uncertain and wondering if I can claim compensation in this case.
For background information: I sought medical help due to severe pain in my spine. The doctor performed a surgery which resulted in complications and worsened my condition. Additionally, since the procedure, I have been struggling with psychological issues as I feel not only physically but also emotionally burdened.
My concerns mainly revolve around the fact that due to the doctor's incorrect treatment, I am now faced with permanent pain and limitations in my daily life. Additionally, I suffer from anxiety and sleep disorders stemming from the traumatic experience. I feel severely impacted in my quality of life and am wondering if I can legally take action against the doctor and claim compensation.
Therefore, my question to you is: Can I claim compensation if a doctor has caused me physical or emotional harm? What legal steps can I take in this case and what options do I have to enforce my right to compensation? I would greatly appreciate your professional assessment and advice on this matter.
Sincerely,
Clara Czakaj
Dear Mrs. Czakaj,
Thank you for your inquiry and your trust in my expertise in the field of medical law. I am sorry to hear that you have had such a distressing experience with medical treatment and are suffering both physically and mentally as a result. In such a case, it is important that you are informed about your rights and consider possible legal steps.
In Germany, patients have the right to compensation for pain and suffering if they have been physically or mentally harmed by a medical procedure. This is especially true if the doctor has violated his duty of care and committed a medical error. In your case, where complications arose after a surgery that worsened your suffering and also caused psychological problems, such a situation could exist.
To receive compensation for pain and suffering, you would need to prove that the doctor committed a medical error and that the complications and consequences for you resulted from it. This usually requires the involvement of an expert who examines and evaluates the facts. It is advisable to seek the assistance of an experienced medical law attorney to properly enforce your rights.
In such a case, legal steps such as initiating a medical liability procedure or making out-of-court claims for compensation for pain and suffering may be necessary. An attorney can help you secure evidence, meet deadlines, and represent your rights in court.
I therefore recommend that you promptly contact a specialized medical law attorney for individual advice and support. Together with you, they can assess the likelihood of success of a claim for compensation for pain and suffering and assist you in enforcing your rights.
I hope that this information has been helpful to you and I am available for further questions and detailed advice.
Sincerely,
Jenny Richter, Attorney at Law specializing in Medical Law
