What is a Medical Malpractice Compensation Lawsuit? (Doctor’s Error)
What is a Medical Malpractice Compensation Lawsuit? (Doctor’s Error) Medical practices are essential for health, which is the most important aspect of human life. A licensed physician must fulfill their duty of care and loyalty during the patient’s treatment process. The patient’s consent makes the doctor’s intervention legally valid. Therefore, informed consent from the patient is crucial. In practice, we often encounter cases where doctors have obtained a signed written consent form, but this does not always absolve the doctor of responsibility. Patients who suffer harm due to a doctor’s negligence can pursue both legal and criminal liability against the doctor, healthcare personnel, and healthcare institutions.
Malpractice is defined as a medical practice error. It is a deviation from the normal course of the disease resulting from an erroneous medical intervention applied by a doctor or other healthcare provider within the framework of healthcare services. Although improvements have been made in treatment applications due to advancing technologies, it is impossible to eliminate all risks in disease-related procedures. Complications, which we define as unforeseen and undesirable outcomes that may occur even when the doctor has exercised due care and attention, can arise. Not every complication is considered a medical malpractice by the doctor, so a fault analysis is conducted.
When looking at medical ethics rules, three points are considered for malpractice. It is when a patient is negatively affected or harmed due to the doctor’s lack of knowledge, inexperience, or indifference during intervention. In this case, malpractice has occurred, and patients can claim their material and moral damages by pursuing the doctor’s legal responsibility and file a Medical malpractice compensation lawsuit.
What are the Required Conditions to File a Malpractice (Doctor’s Error) Compensation Lawsuit?
First, there must be a legal violation in the doctor’s medical practice. This legal violation may be based on a breach of an existing contract between the doctor and the patient. As a general rule, the doctor-patient relationship is characterized as a mandate contract. Medical procedures aimed at creating a work on the patient’s body, mostly for aesthetic purposes, are characterized under a contract for work. Legal violations can also be based on tort and negotiorum gestio provisions outside the scope of the contract. What is a Medical Malpractice Compensation Lawsuit? (Doctor’s Error) If other conditions for a Medical Malpractice Compensation Lawsuit are present, the patient can file a lawsuit based on the nature of the medical procedure and the specific circumstances of the case. This choice is particularly important for proving fault, so it is essential to work with an expert lawyer in the field.
Secondly, the patient must suffer harm as a result of the doctor’s intervention. This harm can be expressed as the disease deviating from its normal course, the patient’s life being negatively affected, the emergence of other diseases requiring treatment, or even death.
Thirdly, the harm to the patient must be based on the doctor’s negligent medical practice. We can conclude that the doctor is at fault if we can hold the doctor responsible for the harm that occurred to the patient after the medical procedure. For the doctor to be considered at fault, their responsibility must not be eliminated due to any of the grounds for lawfulness; the presence or absence of these grounds in the specific case must be well-established. The doctor must carry out the treatment process by adhering to the duty of care and attention towards the patient. The doctor has a duty of loyalty to the patient. Every doctor with knowledge and experience is expected to perform at the same level under the same conditions. They must not be negligent, must do what is necessary in the medical intervention to be applied to the patient, and must not perform an application that should not be done; otherwise, they will be held responsible for their fault.
Malpractice Lawsuit Due to Doctor’s Error
The doctor’s fault particularly manifests in the diagnosis of the disease, such as incorrect or incomplete diagnosis, deficiency or error in treatment, unnecessary treatment application, errors in additional treatments after the main treatment, inadequate fulfillment of the obligation to inform and enlighten the patient, inadequacy or carelessness of the institution, personnel, medical tools and equipment to be used in the treatment, in surgical interventions before and after surgery, in medication errors, and in many medical interventions.
Finally, the last condition required to discuss the doctor’s liability for compensation is the existence of a causal link. The harm to the patient must result from the doctor’s negligent medical practice.
Individuals who suffer harm due to erroneous medical intervention can request material and moral compensation from the court if they meet the conditions for a malpractice compensation lawsuit. This is primarily guaranteed by the constitutional principle of personal inviolability. What is a Medical Malpractice Compensation Lawsuit? (Doctor’s Error) However, it should be remembered that not every complication can lead to the doctor’s liability for compensation. Therefore, determining and proving the erroneous practice is crucial. Readers who wish to receive consultancy and litigation services on this matter can contact the expert Gürbüz Law +Partners Healthcare Law Attorney and Criminal Law Attorney in the Gürbüz Law +Partners team
What is a Medical Malpractice Compensation Lawsuit? (Doctor’s Error) Gürbüz Law
