Medical law governs the relationship between patients, health professionals and institutions, patients' rights and liability for medical error. We handle malpractice claims for pecuniary and non-pecuniary damages.
Medical law governs civil and criminal liability arising from the provision of healthcare. As a rule the doctor\'s obligation is one of care, not of result: recovery is not guaranteed, but the doctor must act in accordance with the requirements of medicine and current standards. For some cosmetic procedures the rules on contracts for work may apply instead, which changes the standard of liability.
Medical Error (Malpractice)
Delay or error in diagnosis, treatment outside the indication, carelessness during surgery, inadequate post-operative follow-up, hospital-acquired infection and organisational fault are the principal forms of malpractice. Malpractice is distinguished from an unforeseeable and unavoidable complication; expert evidence establishes that distinction.
Informed Consent
The patient must be informed, in terms they can understand, about the nature of the procedure, its alternatives and its possible risks, and their consent must be obtained. Having a pre-printed consent form signed without its content being explained does not satisfy that duty. Breach of the duty to inform can give rise to liability even where what occurred was a recognised complication.
Who Is the Claim Brought Against?
- Private hospital / private practice: a compensation claim is brought before the civil courts.
- Public hospital: as a rule a full remedy action is brought against the administration before the administrative courts, subject to the requirement of a prior application to the administration.
Where the negligence is serious, criminal proceedings for negligent injury or causing death may also follow; and as a matter of professional rules, disciplinary proceedings before the medical chamber may be pursued.
Evidence and Procedure
The backbone of the file is the complete patient record: the discharge summary, operation note, test and imaging results, nursing observation forms and consent documents. Requesting and obtaining these documents without delay is critical. The dispute is assessed by the Council of Forensic Medicine or by university experts.