Incorrect diagnosis – what to do and where to go?

An incorrect diagnosis can lead to serious health consequences, and sometimes even death. If you suspect that a doctor has made a mistake or provided poor-quality medical care, it is worth acting decisively - filing an official complaint.

Where to file a complaint for an incorrect diagnosis?

You can file an appeal to:

• Chief physician / administration of the medical institution

The first step is to submit a written or electronic application to the management of the healthcare institution. Indicate the essence of the situation, your requirements and contact details. The appeal can be submitted in person (with registration) or sent by registered mail.

• Department / department of healthcare in your region

If the problem is not resolved on the spot, a complaint about an incorrect diagnosis can be sent to the regional department of healthcare.

• Ministry of Health of Ukraine

Submit an appeal via the hotline of the Ministry of Health: 0 800 505 201 / by mail. You can also contact the Clinical Expert Commission of the Ministry of Health on the quality of medical care, in particular in case of discrepancies in diagnoses or serious consequences.

• National Health Service of Ukraine (NHSU)

If the institution has a contract with the NHSU, and you were denied a service or were required to pay - you can file a complaint online via the website.

• Inspectorate for Consumer Protection

If your relationship with the medical institution is contractual (for example, you paid for the service) - the Law of Ukraine "On Consumer Protection" also applies.

• Court

If administrative complaints have not yielded results - you have the right to file a lawsuit in court for compensation for damage, compensation for moral damage, as well as recovery of damages.

How to properly file a complaint?

A complaint about an incorrect diagnosis must contain:

1. the name of the medical institution and its address;
2. the applicant's full name, place of residence, contact number, e-mail;
3. the essence of the problem, clearly stated requirements;
4. the method of receiving a response (by e-mail, letter);
5. date and signature.

Important! If you do not know how to properly file a complaint, contact a medical lawyer for help, who will advise and correctly form a request in accordance with all requirements.

How to get compensation for an incorrect diagnosis?

First, you need to determine the guilty party depending on the specific circumstances of the case. Responsibility may lie with:

1. The doctor / medical professional who made the mistake;
2. The medical institution (hospital, clinic) where the doctor works;
3. The insurance company that insured the doctor.

If the doctor works under an employment contract, the medical institution is responsible. The doctor himself is considered a witness and does not compensate for the damage directly. If the doctor acts under a civil law contract or has an individual practice, he may bear joint/full liability together with the institution.

Secondly, the patient's rights to compensation are enshrined in the Civil Code of Ukraine:

1. Art. 415 of the Civil Code of Ukraine - the obligation to compensate for damage caused by the fault of a person.
2. Art. 361–363, 445–447 of the Civil Code of Ukraine - regulate the procedure for compensation for material and moral damage.

This means that the patient can file a civil lawsuit with the court on the basis of medical error and demand:

• reimbursement of costs for treatment and rehabilitation;
• compensation for moral damage;
• other payments related to loss of working capacity or health.

That is, to receive compensation, you need to take the following steps:

1. Collect evidence: medical documents, opinions of other doctors, etc.
2. Get legal advice and support if necessary.
3. File a lawsuit with the court demanding compensation for damage.

How can a lawyer help?

In cases related to an incorrect diagnosis, the main task of the injured person is to collect evidence of the medical professional's guilt. It is difficult to do this on your own, because you need to legally file an application, know the procedures and interact with medical institutions. That is why a medical lawyer plays a key role in protecting your rights.

An appeal to a lawyer is a signal to the clinic about the seriousness of the patient's intentions, which often stimulates the institution to cooperate or pre-trial resolution of the conflict.

The services of a medical lawyer include:

1. Consultation on the medical situation and determining the chances of compensation.
2. Sending a lawyer's request to obtain medical documents.
3. Preparation of statements, complaints and appeals to the medical institution, the health department, the Ministry of Health, the National
4. Health Insurance Fund or other bodies.
5. Judicial representation - preparation of a statement of claim, participation in meetings, representation of the client's interests in a compensation case.

Do you have any questions about the services of a lawyer for a misdiagnosis? Leave a request on the website and our lawyer will contact you to clarify the details of your situation.