Doctor error means unexpected harm to the patient as a result of a medical intervention. This situation is also known as malpractice and may be subject to lawsuits for both material and moral damages.

Some medical errors may lead to criminal prosecution. In this article, we will examine in detail whether you have the right to file a criminal lawsuit due to doctor’s error and how you can file this lawsuit.

In Which Situations Can You File a Criminal Case?

If the doctor has acted contrary to the generally accepted rules and standards of medical science.
If the doctor did not adequately inform the patient or obtain informed consent.
If the doctor did not show the necessary care and attention and therefore caused injury or death to the patient.
If the doctor acted with deliberate intent to harm the patient.

Process of Filing a Criminal Case

If you think you have been harmed as a result of a doctor’s error, it is important to consult a lawyer first. Your lawyer will evaluate the medical and legal aspects of the incident and inform you of the possibility of filing a criminal case.
If you decide to open a criminal case, you must first file a complaint with a prosecutor’s office. In your complaint, you must explain in detail how the incident occurred, which doctor made the mistake, and what kind of damage you suffered.
The prosecutor’s office will initiate an investigation into the incident upon your complaint. Within the scope of the investigation, the doctor’s statement will be taken, medical records will be examined and, if necessary, an expert examination will be conducted.
The prosecutor’s office will decide whether there is a need to file a criminal case based on the evidence obtained as a result of the investigation. If a criminal case is filed, the case will be heard in court and a penalty will be imposed on the doctor.

What Should Be Considered in a Criminal Case?

The period for filing a criminal case is 10 years. This period starts from the date the damage is learned.
In order to file a criminal case, you will need evidence that the incident was a doctor’s error. This evidence may include medical records, expert reports and witness statements.
Criminal proceedings can be a complex process. Therefore, it is important to seek legal assistance from a lawyer.