Can I take legal action against a doctor who has recommended a wrong treatment for me?
November 23, 2022 | 60,00 EUR | answered by Jenny König
Dear Medical Law Attorney,
I am reaching out to you with an urgent question regarding a medical treatment I recently received. My name is Carsten Eberstark and I am concerned about the recommendations that were given to me by my doctor.
Two months ago, I consulted my primary care physician due to persistent stomach issues. After an examination and various tests, he prescribed a medication treatment that he believed would alleviate my symptoms. Unfortunately, my condition has not improved since the beginning of the treatment, but has actually worsened. I continue to experience severe pain and overall discomfort.
I have started to doubt the correctness of my doctor's treatment and wonder if I can take legal action against him. I am concerned that he may have made a wrong diagnosis or that the treatment was not appropriate. I feel abandoned and wonder if there are possible legal steps to ensure that my health is not further jeopardized.
Could you please advise me on whether it is possible to take legal action against my doctor and what steps I can take in this situation? I am very grateful for your help and hope that you can provide me with some clarity.
Sincerely,
Carsten Eberstark
Dear Mr. Eberstark,
Thank you for your inquiry regarding your medical treatment and potential legal action against your doctor. It is understandable that you are concerned and seeking answers, especially if your health has not improved despite treatment.
In such cases, it is important to first determine whether your doctor actually acted wrongly or if there was a medical error. Even with the best diagnosis and treatment, a health condition may not improve or even worsen. Therefore, it would be advisable to seek a second opinion from another doctor to ensure that the original diagnosis and treatment were appropriate.
However, if you have serious concerns and believe that your doctor did indeed make a mistake, you may consider taking legal action. In Germany, patients have the right to receive medical treatment that is free of errors and complies with medical standards. If a doctor fails to meet these standards and harm results, it may be considered a medical error.
To initiate legal action against your doctor, you could first have a conversation with him and express your concerns. If you do not receive a satisfactory response or the doctor does not admit to the mistake, you could contact the Medical Association and file a complaint. The Medical Association can review the case and take further steps if necessary.
Furthermore, you could also consult a medical law attorney to discuss your legal options and consider filing a lawsuit against the doctor. An attorney can support you throughout the process and help defend your rights as a patient.
It is important to emphasize that each case is unique and requires a thorough examination of the circumstances to determine if a medical error occurred. I recommend seeking further information and, if necessary, professional legal advice.
I hope that my response has provided some clarity, and I am available to answer any further questions you may have.
Sincerely,
Jenny König
Medical Law Attorney
