Has your health deteriorated due to a doctor’s error, late diagnosis or neglected care? Many patients are unaware that they may be entitled to compensation for medical malpractice in this situation. But getting compensation is not automatic – you need to prove malpractice and do the right thing. We’ll advise you on how to do this. Or are you unsure whether it was malpractice? Let a solicitor assess your case on a no-obligation basis.
The basis for compensation for medical malpractice is proving that the medical professional or facility failed to act lege artis, i.e. in accordance with professional standards of medicine.
However, not every deterioration of a medical condition automatically constitutes medical malpractice. Medicine is not an exact science, and even with the right procedure, complications can arise. The only legally relevant situation is when a doctor:
Thus,typical examples of malpractice include late or incorrect diagnosis (e.g. missed tumour), error in surgery or intervention, incorrect choice of treatment, inadequate follow-up of the patient after the procedure or failure to inform the patient of possible consequences.
Importantly, it is not the patient’s subjective feeling that is decisive, but the professional assessment of whether the doctor’s action was correct.
Leave the fight for compensation to us. Dealing with a medical malpractice claim is legally and professionally challenging. At Affordable Lawyer, we will guide you through the entire process step-by-step. We will provide you with an expert assessment of whether your case has a chance of success, analyze medical records, secure expert testimony, communicate with the hospital and insurance company, negotiate the amount of compensation, and represent you in court if necessary.
If it is proven that there has been malpractice, you can claim compensation for medical negligence in several forms. Compensation is intended to mitigate the effects of the personal injury and compensate for financial and non-financial losses.
The most common patient claims are:
If you contact us, we will find out what compensation you are entitled to and how much, and we will claim it for you.
Proving medical malpractice is the most difficult part of the process for patients , and the most crucial. In medical negligence claims, the burden of proof is usually on the patient. In other words, it is not enough to feel that the doctor was at fault. It is necessary to prove it professionally and legally.
The patient must prove not only that he or she has suffered a personal injury, but above all that the doctor or the medical establishment acted in breach of professional standards (lege artis), that it was this misconduct that caused the injury, and that there is a direct causal link between the misconduct and the injury. Without these conditions, compensation for medical malpractice cannot be successfully claimed.
What is usually needed to prove malpractice? The basic evidence is complete medical records – records of examinations, procedures, diagnoses, treatment and follow-up care. It is from the documentation that it is possible to find out how the doctor acted, what he or she knew and what he or she omitted. In practice, however, it often happens that documentation is incomplete, entries are brief or ambiguous, and the patient has no idea what documents to request. A lawyer will help you not only to obtain them, but also to evaluate whether the documentation actually corresponds to the real course of treatment.
The absolute key to success, however, is the subsequent expert medical opinion. It is the expert witness who will expertly assess whether the physician chose the correct diagnostic procedure, responded in a timely manner, and followed applicable medical procedures. Without expert testimony, it is virtually impossible in most cases to prove that there was malpractice rather than a mere complication.
Both the expert and the lawyer then compare the specific actions of the physician to what a professional in the field would have done under the same circumstances. It is this comparison that determines whether a claim for medical malpractice damages arises.
Have your case reviewed before the insurance company wipes it off the table. We’ll make sure your claim has a realistic chance of success.
Healthcare facilities and their insurers have experienced attorneys and long-established strategies to minimize or eliminate liability for injuries. Thus, a patient who seeks to seek compensation for medical malpractice without professional assistance is at a significant disadvantage from the outset.
Without legal knowledge and practical experience, it is very difficult for the patient to properly define his claims, to justify them convincingly in law and to choose the appropriate course of action. Equally problematic is the selection of an expert with the appropriate specialisation to assess the specific misconduct and to recognise the other party’s expedient or misleading reasoning. Patients often encounter rejectionist opinions from hospitals or insurance companies and do not know how to respond effectively.
Insurers commonly argue that the doctor acted correctly and in accordance with professional standards, that the injury occurred independently of the treatment provided, or that there is no causal link between the alleged error and the consequence. It is at this stage that the role of an experienced advocate is crucial – they can expertly analyse these arguments, challenge them with evidence and conduct the entire dispute so that the patient has a realistic chance of successfully obtaining compensation.
This is demonstrated by the case of our client who was convinced that the doctor’s error was “absolutely clear”. However, the insurance company denied her medical malpractice claim on the grounds that it was a common complication. Only an expert report secured by the attorney proved that the doctor acted contrary to professional standards. Based on this evidence, our client was awarded damages.
A medical malpractice claim is usually not brought directly against a particular doctor, but against the medical facility (hospital, clinic) or its insurance company.
But beware of time limits. Claims for damages are time-barred. Both subjective and objective time limits apply, and missing them can mean the definitive loss of the claim. So the sooner you consult with an attorney, the better your chances of success.
So don’t hesitate to seek legal help, especially if your health has deteriorated after the procedure, the doctor or hospital denies the error, the insurance company offers low compensation or you don’t know what expert opinion you need.
Tip: As a patient, you have a right to your medical records. Your doctor or healthcare facility cannot arbitrarily withhold it from you. Access to your medical records is part of your right to health information under the Health Services Act. If your doctor refuses to give it to you, defend yourself.
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The most common mistakes patients make are waiting in the hope that the situation will “somehow work itself out”. Many people suspect medical malpractice but delay in dealing with it, which can lead to loss of evidence or even a time-barred claim. Another common mistake is to rely unquestioningly on the statements of the hospital or doctor, who have a natural interest in denying or minimising their liability.
Incomplete medical records are also a problem. Patients often do not request all the necessary records or have no idea what documents may be essential to prove misconduct. Equally risky is communicating with a hospital or insurance company without a well-thought-out legal strategy – ill-advised statements or poorly worded demands can significantly weaken the entire case.
We are here to help you through the entire process and get you the compensation you are truly entitled to.
If your health has deteriorated as a result of a medical error, late diagnosis or negligent care, you may be entitled to compensation for medical negligence, but obtaining compensation is not automatic and always depends on a professional and legal assessment of your particular case. The decisive factor is whether the doctor or the healthcare facility acted in breach of professional standards (lege artis) and whether this misconduct led to the personal injury. Patients can claim, for example, pain and suffering, compensation for permanent consequences, loss of earnings, treatment costs, non-pecuniary damage or compensation for survivors, but they must prove their claims with medical documentation, expert evidence and sound legal reasoning. Proving the case is often the most difficult part of the whole process, as the burden of proof usually lies with the patient and medical institutions and their insurers often defend themselves with the help of experienced lawyers. Therefore, without expert help, patients easily make mistakes, lose evidence or miss legal deadlines. An affordable attorney will guide you through the entire process, help you assess your case, secure the necessary evidence, and pursue your claim on your behalf so that you have a realistic chance of getting the compensation you are truly entitled to.
The decisive factor is the professional assessment of whether the doctor acted lege artis. We will be happy to evaluate your case on a non-binding basis.
The amount depends on the extent of the injury, the permanent consequences and other circumstances. Each case is individual.
It depends on the specific situation. We will help you with the costs and explain everything in advance.
That’s common. That’s why expert testimony and legal representation is key.
Get compensation for harm or damage – quickly and without stress. We will assess your chances, propose a strategy and prepare a challenge. All within 48 hours of placing your order. If necessary, we will then file a lawsuit and arrange legal representation. We will stand up for you fully.
Ondřej is the attorney who came up with the idea of providing legal services online. He's been earning his living through legal services for more than 10 years. He especially likes to help clients who may have given up hope in solving their legal issues at work, for example with real estate transfers or copyright licenses.
In person and online. Just choose the appropriate service or opt for an independent consultation when you are unsure.
