Can I hold the doctor liable if he did not sufficiently inform me about the risks of a treatment?
March 5, 2024 | 40,00 EUR | answered by Jenny Richter
Dear Medical Law Attorney,
I recently underwent a medical treatment and am concerned that the treating physician did not adequately inform me about the risks of the treatment. My name is Andrea Maier and I underwent a surgery that had complications.
Before the surgery, I asked some questions about the risks, but I did not feel adequately informed by the doctor. I later found out that there can be serious complications that the doctor did not mention to me. As a result, I now feel unsure and wonder if I can hold the doctor accountable for his negligence.
I am worried about my health and wonder if the inadequate information about the risks of the treatment violates my rights as a patient. What legal options do I have to hold the doctor accountable? Can I claim damages and how should I proceed in this situation?
I would appreciate your assessment and possible solutions regarding my situation. Thank you in advance for your support.
Sincerely,
Andrea Maier
Dear Mrs. Maier,
Thank you for your inquiry and your trust in my expertise as a medical law attorney. I am sorry to hear that you are struggling with complications after your surgery and feel that you were not adequately informed about the risks of the treatment.
In Germany, doctors are legally obligated to comprehensively inform their patients about all risks of a medical treatment. This obligation to inform is based on the Patient Rights Act and is intended to give the patient the opportunity to make an informed decision about the treatment. If the treating doctor violates this duty and did not adequately inform you about the risks, this could constitute a violation of your rights as a patient.
In your case, where there were serious complications that you were not previously aware of, you generally have the option to assert claims for damages against the doctor. To do this successfully, you would need to prove that the doctor violated their duty to inform and that the complications are a result of this insufficient information.
In such a situation, it is advisable to consult a specialized medical law attorney who can assist you in asserting your claims. The attorney can assess whether there was a medical error, if the duty to inform was violated, and what compensation claims you can make.
To hold the doctor accountable, it is important to gather all relevant documents and information related to your treatment. This may include medical reports, treatment records, expert opinions, and witness statements. With these documents, the attorney can assess your legal situation and suggest possible courses of action.
I recommend that you schedule an appointment with a medical law attorney promptly to protect your rights as a patient and potentially pursue compensation claims. I hope that my assessment and possible solutions are helpful to you and wish you all the best for your continued recovery.
Sincerely,
Jenny Richter
Medical Law Attorney
