What entitlements do I have as a patient if a doctor has made a wrong medical prognosis?
April 13, 2024 | 40,00 EUR | answered by Jenny Richter
Dear Medical Law Attorney,
I am writing to you in great concern as I recently received a false medical prognosis from my doctor. My name is Max Höfer and I have been under medical treatment for ongoing health issues for some time. However, my doctor gave me a prognosis that turned out to be incorrect. As a result, I have not only invested time and resources, but also suffered mentally from the misinformation.
The initial situation was that I sought medical attention due to pain and symptoms. The doctor gave me a diagnosis and prognosis that turned out to be inaccurate during the course of treatment. This has caused me to lose trust in the medical competence and I am now unsure about how to proceed.
My concerns mainly revolve around not knowing what rights I have as a patient in this case. I feel that my rights as a patient have been compromised due to the false medical prognosis and I would like to know if I can take legal action. Additionally, I wonder if I am entitled to compensation or damages, as the incorrect prognosis has led to additional stress and uncertainty.
My question to you is: What rights do I have as a patient when a doctor gives a false medical prognosis? What legal options are available to me to uphold my rights as a patient and compensate for any damages or stress? I am grateful for your competent advice and support.
Best regards,
Max Höfer
Dear Mr. Höfer,
Thank you for your inquiry and your trust in my expertise as a medical law attorney. I am sorry to hear that you are feeling unsettled and burdened by your doctor's incorrect medical prognosis. I would like to help you in this difficult situation and provide you with an overview of your legal options.
As a patient, you have various rights when a doctor makes an incorrect medical prognosis. Firstly, it is important to determine if there is indeed a medical error. A medical error occurs when the doctor deviates from the medically accepted standard and as a result, harm is caused to the patient. In your case, the incorrect prognosis could be considered a medical error if it has led to additional burdens and uncertainties.
If a medical error is found, as a patient, you are entitled to compensation and damages. Compensation is meant to cover the financial losses incurred due to the medical error. On the other hand, damages are meant to compensate for non-material losses, such as emotional distress.
To assert your rights, I recommend contacting a specialized medical law attorney. They can assess your situation individually and assist you in enforcing your rights. Together with your attorney, you can decide whether it is advisable to take legal action against the doctor.
I hope this information helps and supports you in your situation. If you have any further questions or need legal assistance, please feel free to contact me.
Best regards,
Jenny Richter
Medical Law Attorney
