Medical error: what to do?

When a medical error occurs, the victim often finds themselves helpless in the face of a complex and distressing situation. What should you do in this case? What recourse is available to have a medical error recognized and obtain compensation? This article details the essential steps to defend your rights and receive proper care.

Medical Error and Liability: Understanding the Key Concepts

Medical error refers to a medical act that does not conform to established scientific data and causes harm to the patient. It can result from medical negligence by the healthcare professional, a therapeutic hazard, or a medical accident. It is therefore crucial to determine the exact nature of the incident to guide the process.

Cases of medical error can include diagnostic errors , prescription errors , poorly performed surgical procedures , or hospital-acquired infections . To prove fault, the error must be characterized as inconsistent with established scientific data.

A healthcare facility may be held liable if it is proven that the damage suffered resulted from a failure to fulfill its obligations. However, in the absence of fault, some victims may be entitled to compensation through national solidarity.

Remedies for having a medical error recognized

Once a medical error is suspected, several avenues of recourse exist . The objective is to establish the liability of the healthcare professional or establishment concerned, in order to obtain compensation for the damage suffered.

The first step is often to request a medical expert opinion . This allows for an assessment of the existence of a fault and its consequences. It is recommended to seek the assistance of a specialized lawyer in order to prepare a solid case.

If medical malpractice is proven, several options are possible:

Conciliation and compensation through the Regional Conciliation and Compensation Commission (CRCI). This recourse, established by the Kouchner Law, allows disputes to be resolved amicably without going to court.
Legal proceedings , if the liability of the practitioner or the establishment is engaged. The competent court (administrative or judicial) depends on the nature of the professional involved.
Compensation by ONIAM (National Office for Compensation of Medical Accidents) for cases where no direct party can be identified.

The importance of medical expertise in the procedure

Medical expertise plays a central role in the recognition of medical errors. It helps determine whether the medical act in question is consistent with established scientific data or whether it constitutes medical malpractice.

This expertise can be requested in several contexts:

As part of a procedure before the CRCI .
In a legal action , where it is often ordered by the judge.
Privately, by the patient himself , before taking official steps.

A poorly conducted or insufficiently argued expert assessment can jeopardize the outcome of your compensation claim. This is why it is essential to choose your expert carefully and be supported by a lawyer specializing in medical errors.

Care and compensation for victims of medical errors

Once a medical error has been recognized, the question of compensation arises. Financial coverage depends on the type of liability incurred:

In the event of proven medical negligence , it is the healthcare professional or their insurer who compensates the victim.
If the medical act is deemed to be a therapeutic risk , without fault of the practitioner, compensation can be covered by national solidarity via ONIAM.
Health establishments , whether public or private, may also be ordered to compensate victims if they are found responsible for the medical accident.

Compensation covers several types of damages:

Physical and moral harm .
Loss of income and professional consequences.
Medical and accommodation costs related to medical error.

Call on a specialized lawyer to defend your rights

Given the complexity of medical error claims, the support of a lawyer specializing in medical law is essential . A seasoned professional will be able to guide the victim toward the best legal strategy, defend their interests, and optimize the amount of their compensation.

A lawyer intervenes in particular in:

The constitution of the medical file and the demonstration of the damage.
Assistance during medical examination .
Defense before the CRCI or the courts .

Having a medical error recognized requires time and rigorous procedures. But with proper preparation and adequate legal support, victims can obtain fair compensation tailored to their situation.