COMPENSATION FOR DAMAGES CAUSED BY AN UNSUCCESSFUL SURGICAL INTERVENTION

For every person, health is valuable. But there are situations in life that require the solution of certain health problems with the help of doctors. Then we turn to medical institutions for help. Currently, there is an opportunity to choose a medical institution of any type, whether it be state, municipal or even private ownership. But, unfortunately, there are cases that instead of help, they get even more problems and questions about how to compensate for the harm due to an unsuccessful surgical intervention.

Normative base

It should be noted that the issue of compensation for harm is regulated by civil law, in particular the Civil Code of Ukraine.

Where to begin?

If, as a result of an unsuccessful surgical intervention, a person is harmed, then you need to start by collecting evidence that will serve as grounds for compensation. In particular, these can be statements about the state of health before the start of surgery, epicrisis, the results of medical examinations before and after surgery. If this is a private medical facility, then there should usually be a contract for the provision of medical services describing the specific medical manipulations that will be carried out.

What damage is recoverable?

Legislation distinguishes between two types of harm: material and moral. Material harm is the costs incurred by a person as a result of an unsuccessful surgical intervention. This may include the cost of treatment after such an intervention, payment for the services of medical workers, drugs, etc. Such losses must be documented (i.e., these are checks for medicines, certificates, etc.).

Moral harm has no definite boundaries. It is determined on the basis of how much mental suffering and disruption of the normal rhythm of life caused an unsuccessful surgical intervention.

Reimbursement procedure

You can recover the damage caused by contacting a medical institution with a claim for compensation. And in case of refusal to compensate for the damage caused, you can apply from a lawsuit to the court for compensation for material and moral damage.

Peculiarities

Very often, it is not easy to obtain compensation for damages for an unsuccessful surgical intervention on your own. This is due to the fact that it is difficult to prove the fact of an unsuccessful surgical intervention, and also because a person often may not have documents about such an intervention.

Therefore, it is usually impossible to do without the help of a specialist who is understood in medical law. After all, you need to know and analyze a number of narrow-profile medical documents to obtain a positive result. Another factor is that, at the request of a person, medical institutions are reluctant to provide information, and they are required to do so in response to lawyers' requests within the time period specified by law.

Therefore, if you have problems to compensate for the damage caused by an unsuccessful surgical intervention, contact the specialists.