Procedure After a Medical Error

When a medical error occurs, it can have severe consequences on the health and daily life of the patient. Whether it’s a medical fault, an act that doesn’t comply with established medical knowledge, or a simple medical accident, it’s essential to understand the steps to take in order to seek compensation. The goal is to assess the responsibilities, initiate either a judicial or amicable procedure, and ensure appropriate compensation for the damages suffered.

Understanding the Nature of the Medical Error and Its Consequences

A medical act can sometimes result in bodily harm, even when the healthcare professional has followed the prevailing guidelines. There are three main types of errors:

• Medical Fault: This occurs when a doctor, surgeon, or another healthcare professional commits negligence, carelessness, or a misjudgment that causes harm to the patient.

• Non-Fault Medical Accident: This refers to an unpredictable complication related to the medical act itself, with no fault to be proven.

• Nosocomial Infection: Acquired during a stay in a healthcare facility, it may also be subject to compensation if it causes significant harm.

The first step to take is to obtain a clear analysis of the situation. It’s essential to retrieve your medical records from the doctor or hospital involved to understand what happened and gather the necessary evidence.

Procedure After a Medical Error: Amicable Approaches

Before initiating a judicial procedure, it is often recommended to prioritize amicable procedures to reach an agreement with the concerned parties.

1. Contacting the Regional Conciliation and Compensation Commission (CRCI): The regional conciliation commissions aim to facilitate communication between the patient and the healthcare professional or institution involved. This procedure is free and allows for an independent evaluation of the facts.

2. Mediation with the Healthcare Facility: Some healthcare institutions have a service dedicated to patient relations. Contacting this service can provide detailed explanations and, in some cases, direct compensation without going to court.

3. Requesting a Medical Expert Report: A medical expert can be called upon to examine the medical records and determine if the medical act complied with accepted practices. This expert report is a key element for the next steps after a medical error.

   
   

If the amicable procedure does not result in a satisfactory outcome or if the proposed compensation is insufficient, the case can be brought before a court.

Compensation for a Medical Error: What Are the Options?

The patient who is a victim of a medical error may obtain compensation under different circumstances:

• Compensation by the ONIAM (National Office for the Compensation of Medical Accidents): This system mainly applies when the medical accident is not linked to a fault of the practitioner but resulted in significant harm.

• Compensation by the Healthcare Professional’s Insurance: If medical fault is recognized, the responsibility of the doctor or healthcare institution can be engaged. Civil liability insurance will then cover compensation.

• Compensation through Legal Action: When amicable routes do not suffice, a judicial procedure can be initiated to obtain compensation for the damages suffered.

  
  

Compensations can cover several categories of bodily harm:

• Medical and rehabilitation expenses.

• Permanent functional deficit (partial or total incapacity).

• Aesthetic damage (related to scars, physical deformation, etc.).

• Pain and suffering and impacts on quality of life.

• Loss of professional income.

Taking Legal Action: How to Initiate a Lawsuit?

When amicable remedies do not lead to a satisfactory outcome, it is possible to approach the court to have the medical error acknowledged and request compensation.

1. Prepare Your Case

Before taking legal action, it is important to build a strong case with the help of a lawyer specializing in medical law. This case should include :

• Complete medical records.

• Medical expert reports.

• Witness testimonies or statements.

• Correspondence with the hospital or healthcare professional.

2. Choosing the Appropriate Court

Depending on the circumstances, different courts can be approached:

• Administrative Court: If the medical error occurred in a public hospital.

• Judicial Court: For private healthcare institutions and doctors working privately.

  
  

A receipt will be sent to the plaintiff once the case is taken up by the competent jurisdiction.

3. Judicial Medical Expertise

Once the case is in progress, the judge will appoint a medical expert to carry out an independent expert report and evaluate the responsibilities. This report plays a crucial role in the final decision of the court.

Why Consult a Lawyer in Case of a Medical Error?

The process after a medical error can be complex and requires in-depth legal expertise. A lawyer specializing in medical errors helps to :

• Analyze the viability of the case before initiating a procedure.

• Optimize the defense strategy by choosing the best route (conciliation, compensation through ONIAM, or judicial recourse).

• Support the patient in their administrative and medical procedures.

Since each case is unique, personalized support greatly increases the chances of obtaining suitable compensation for the bodily harm suffered.

In Conclusion: Assert Your Rights After a Medical Error

In case of a medical error, several steps can be taken to obtain recognition and compensation. Whether through an amicable procedure (conciliation, mediation, ONIAM) or by approaching the court, it is essential to be well-informed and supported.

If you are affected, do not face this situation alone: consult a legal professional and assert your rights.