Medical error: article, liability, appeal

A medical error is an action or inaction of a medical worker that leads to the deterioration of the patient's health, the emergence of new diseases or death. It can be caused by various factors.

Causes and types of medical errors

• Negligence: incorrect diagnosis, incorrect treatment, poor performance of medical manipulations, etc.
• Negligence: improper maintenance of medical records, untimely response to complications, insufficient information to the patient about risks and treatment alternatives.
• Incompetence: mistakes due to lack of knowledge, experience or qualifications.
• Systemic problems: shortcomings in the organization of the work of the medical institution, lack of equipment, personnel, violations of treatment protocols, etc.

Types of medical errors

• Diagnostic.
• Medicinal
• Informational.
• Organizational.

Liability for medical error

The legislation of Ukraine (Article 140 of the Criminal Code of Ukraine) provides for the responsibility of medical workers and health care institutions for harm caused to a patient as a result of a medical error. This responsibility can be:

• Civil law: the patient has the right to compensation for damages caused to him, including medical expenses, lost earnings, moral damages, etc.
• Criminal: in cases where a medical error led to serious consequences for the patient's health or death, medical workers may be held criminally liable.
• Disciplinary: if there are grounds, medical workers may be subject to disciplinary sanctions, up to dismissal from work..

Consult with a lawyer

How to appeal a medical error

If you believe you have been the victim of medical malpractice, you have the right to:

1. Contact the management of a medical institution: file a complaint about the actions of a medical worker or about the work of the institution as a whole.
2. Go to court: file a claim for damages caused by a medical error.

Assistance of a lawyer when appealing a medical error

Challenging a medical error is a complex process that requires knowledge of the law, the ability to collect evidence and prepare it correctly. Coping with this task on your own can be difficult, so it is recommended to seek help from a qualified lawyer.

How can a lawyer help:

• Consultation: the lawyer will analyze your situation, explain your rights and opportunities, and help determine a strategy of action.
• Gathering evidence: a lawyer will help you gather all the necessary documents and other evidence that prove the fact of a medical error.
• Drafting complaints and statements: a lawyer will draft complaints to health authorities, lawsuits to court and other necessary documents for you.
• Representation in court: a lawyer will represent your interests in court, protect your rights and prove your case.
• Negotiations: A pretrial lawyer can negotiate with a medical facility or insurance company to compensate you for your medical malpractice damages.

Consult with a lawyer

Advantages of contacting a lawyer from "Prykhodko and Partners"

• Knowledge of the law: A lawyer knows all the ins and outs of medical malpractice law and knows how to apply it correctly to your situation.
• Case Experience: An attorney has experience handling medical malpractice cases, which greatly increases your chances of success.
• Save time and effort: a lawyer will take on all the work of challenging a medical error, saving you time and effort.
• Protecting your rights: A lawyer will protect your rights and interests at all stages of a medical malpractice appeal.

You have the right to quality medical care and to fair sanctions against the doctor or medical facility in the event of a medical error. Remember: the sooner you seek help from a lawyer, the better your chances of success.

If you need a consultation or the cost of legal support, fill out the form below.