How long do I have to file claims for damages against a doctor?
October 20, 2023 | 50,00 EUR | answered by Jenny Richter
Dear Medical Law Attorney,
I am contacting you with a question regarding potential claims for damages against a doctor. Some time ago, I received medical treatment that resulted in complications. These complications have led to significant health impairments, and I am wondering if I can make claims for damages against the treating doctor.
I am concerned because I am not sure how long I have to make such claims. I want to make sure that I do not inadvertently waive my rights by waiting too long. Therefore, it would be important for me to know if there is a statute of limitations within which I must assert my claims. Are there specific deadlines I must adhere to in order to not lose the opportunity for compensation?
Furthermore, I am wondering what steps I should take to enforce my claims against the doctor. Should I first contact the doctor or is it advisable to take legal action directly? What evidence should I gather to support my claims and how can I best proceed to receive appropriate compensation for the damages suffered?
I would greatly appreciate it if you could assist me in this matter and provide me with information on the best course of action to successfully enforce my claims for damages.
Thank you in advance for your help.
Sincerely,
Quentin Czakaj
Dear Mr. Czakaj,
Thank you for your inquiry regarding possible compensation claims against a doctor due to complications that occurred during a medical treatment.
First and foremost, it is important to clarify that you generally have a right to compensation if a doctor has made a mistake during medical treatment that has led to health issues. However, these claims have a certain limitation period.
In Germany, the limitation period for compensation claims in medical law is usually three years. This period starts at the end of the year in which the claim arose and you became aware of the circumstances that justify the claim. Therefore, it is important to assert your claims in a timely manner to avoid losing the possibility of compensation.
To pursue your claims against the doctor, I recommend that you first contact a specialized attorney in medical law. They can help you assess the situation, evaluate your claims, and assist you in asserting your claims against the doctor.
In terms of evidence preservation, it is important to gather all relevant documents related to your medical treatment. These may include medical reports, treatment records, hospital files, expert opinions, and witness statements. These documents can help support your claims and assist you in seeking appropriate compensation for the damages suffered.
Lastly, it is crucial not to wait too long to assert your claims. The sooner you take legal action, the better your chances of successfully asserting your claims.
I hope this information is helpful to you and I am available for any further questions you may have.
Sincerely,
Jenny Richter
Attorney specializing in medical law
