What liability does a hospital have if an error occurs during my treatment?
May 11, 2024 | 60,00 EUR | answered by Jenny König
Dear Medical Law Attorney,
I am reaching out to you as I have experienced an error in my treatment at the hospital and I am unsure of what liability claims I am entitled to. My name is Georg Weber and I was admitted to the local hospital two weeks ago for an acute appendicitis. During my stay, a medical error occurred which significantly impacted my recovery and my trust in medical care.
The error occurred in the dosage of a medication that was administered to me. Unfortunately, this incorrect dosage led to serious side effects, delaying my recovery and causing additional complications. I am very concerned about my health and I am wondering what legal steps I can take against the hospital to be compensated for the damages incurred.
Therefore, my question to you is: What liability does the hospital bear for the error that occurred during my treatment? Are there ways to claim compensation and what steps should I take for this? I appreciate your professional assessment and support in this difficult situation.
Sincerely,
Georg Weber
Dear Mr. Weber,
I thank you for your trust and for contacting me regarding the medical error you experienced during your hospital stay. I am sorry to hear that you are suffering from the consequences of this error and are unsure about what legal steps you can take.
In your case, we first need to clarify the legal basis for the hospital's liability. In general, the hospital is liable for medical errors committed in the course of a patient's treatment under § 280 of the German Civil Code (BGB). This means that the hospital is responsible for the errors of its employees, including the treating doctors, regardless of whether the error was due to negligence or gross negligence.
In your case, where there was an incorrect dosage of a medication, there is a clear medical treatment error. This has had serious consequences for your health and delayed your recovery. Therefore, you are entitled to compensation and damages.
To pursue your claims, you should first gather all relevant medical records and documents that document the error and its consequences. This includes doctor's reports, lab results, medication plans, and hospital records. With these documents, you should consult a specialized medical law attorney like myself, who can assess your claims and represent you in the further course of the proceedings.
The attorney will then seek an out-of-court settlement with the hospital. If no agreement is reached, a lawsuit may be considered. It is important to act within the statutory limitation periods to avoid losing your rights.
I hope this information is helpful to you and I am available to further assess your claims and support you in this difficult situation.
Sincerely,
Jenny König
