What claims do I have as a patient if an error occurs during surgery?
August 22, 2022 | 50,00 EUR | answered by Jenny Richter
Dear lawyer,
I am contacting you because I recently had surgery and a mistake occurred during the procedure. My name is Erwin Busse, 58 years old, and I underwent a disc surgery due to acute back pain. Unfortunately, a mistake was made during the surgery, which has resulted in further health problems.
After the operation, I experienced severe pain at the surgical site and my mobility was also limited. Upon further examination, it was determined that a nerve was injured during the operation, leading to the symptoms. I am now concerned as I am unsure of what rights I have as a patient in such a case.
My question to you is: What rights do I have as a patient if a mistake occurs during surgery? Am I entitled to compensation or damages? What steps should I take now to protect my rights as a patient and potentially initiate legal action?
Thank you in advance for your support and advice on this matter.
Sincerely,
Erwin Busse
Dear Mr. Busse,
Thank you for your inquiry and your trust in my expertise in the field of medical law. I am sorry to hear that you suffered an error during your spinal disc operation and are now experiencing health problems. It is understandable that you are worried and want to protect your rights as a patient. I would be happy to assist you with this.
When an error occurs during surgery, patients generally have claims for compensation and damages. Such an error can take various forms, such as a misdiagnosis, faulty treatment, or inadequate information about risks and side effects. In your case, where a nerve was injured during the operation, it is a treatment error that has led to your current complaints.
In order to assert your claims, I recommend that you first collect all relevant documents and reports regarding the operation and the consequences of the error. These may include operation reports, doctor's letters, test results, and all correspondence with the treating doctor or hospital.
Furthermore, you should contact an experienced medical law attorney to discuss your legal options and, if necessary, take legal action. Such an attorney can assess your claims, inform you of your rights, and support you in enforcing your claims.
It is important that you assert your demands promptly, as claims for compensation and damages may expire. Depending on the country you are in, different limitation periods apply, so it is advisable to seek legal advice as soon as possible.
In any case, I am at your disposal to answer your questions and support you in enforcing your rights as a patient. Do not hesitate to contact me to arrange a consultation appointment.
Sincerely,
Jenny Richter
Medical Law Attorney
