Physician errors are situations where patients are harmed as a result of physicians’ faulty behavior during medical interventions. These errors can occur in a variety of ways, including diagnostic errors, incorrect treatment practices, complications during surgery, or inadequate patient monitoring. Doctor’s errors, also known as medical malpractice, give legal rights to victimized patients. In line with these rights, they can demand compensation for the material and moral damages they have suffered by filing a compensation lawsuit.
When can a compensation lawsuit be filed?
In order to file a lawsuit for compensation due to doctor’s error, the damage and the doctor’s error must first be learned. This may occur by completing the patient’s treatment, reviewing medical records, or obtaining expert reports. The compensation lawsuit must be filed within 2 years following the discovery of the damage and fault, and in any case within 10 years from the date of the act.
Against whom can a compensation lawsuit be filed?
A lawsuit for compensation due to medical error can be filed against the physician who performed the faulty medical intervention or the institution (public hospital or private hospital) where the medical intervention was performed. If more than one physician is at fault for faulty medical intervention, the lawsuit can be filed against all physicians together.
What Evidence Should Be Presented in a Compensation Case?
In order to file a compensation lawsuit, the damage suffered by the patient and the fault of the physician must be proven. The following evidence can be presented for this proof:
Medical records: Medical records, which contain the patient’s examination and treatment information, are one of the most important evidence for filing a lawsuit.
Expert reports: Reports prepared by experts who are experts on a medical subject play an important role in evaluating the physician’s fault and whether this fault caused harm.
Witness statements: Statements of people who were present at the time of the incident can also be used as evidence to file a lawsuit.
Photographs and video recordings: Photographs and video recordings showing the incident may also be presented as evidence.
What Damages Can Be Demanded in a Compensation Case?
In compensation cases filed due to doctor’s error, two types of compensation may be requested: pecuniary damage and non-pecuniary damage.
Financial compensation: It covers the financial damages suffered by the patient, such as treatment expenses, loss of labor, and disability expenses.
Non-pecuniary compensation: It covers non-pecuniary damages such as pain, sadness and suffering experienced by the patient.
Is a Lawyer Necessary in a Compensation Case?
Filing a lawsuit for compensation for medical malpractice can be a complex legal process. Therefore, it is important to consult a lawyer so that you can fully protect your rights and manage your case in the best way possible. Your lawyer will assist you at every stage of the litigation process, guide you in the collection and presentation of evidence, and represent you before the court.
