MEDICAL MALPRACTISE

Medical malpractice happens. The doctor or the hospital cannot be held responsible if a patient does not recover completely, but they are responsible for a correct and diligent treatment according to the current state of the art. The doctor is also bound to reduce the suffering of the patient and to take care of the aftertreatment. This is especially important for incurable diseases. Furthermore the doctor is bound to give the patient extensive information about the forthcoming medical treatment. The treatment can only then be considered as lawful, if the information given prior of the treatment has been adequate and the risks as well as all pros and cons of the treatment were discussed. Otherwise the medical treatment is considered per se as a personal injury. In this case, it must be verified whether the patient would have granted his consent into the treatment even if he would have been given all the necessary information. In case of emergency the criteria are lower. The patient must be informed on the usual risks in connection with the specific treatment of his case. The doctor also has to meet comprehensive obligatory documentation requirements. Furthermore the doctors are naturally liable for example for wrong diagnoses or surgical medical errors as well as for errors in treatments in wound care and other errors in supervision after the treatment. 

Professional medical questions and evidentiary issues are often at the forefront of the examination of a case and its representation. The documentation of the disease and the costs as well as damages is an important aspect of the legal representation.

Usually one or more medical opinions have to be obtained upfront the litigation proceedings are considered. As medical specialists tend to know each other, the selection of the medical expert is of particular importance.

We represent patients against hospitals/medical institutions, sporadically also doctors against claims of patients. 

Selected reference cases:

• Dentistry:
  • nerve injuries after apicoectomy
  • ruptured root canal instruments
  • problems with implants
  • orthodontic problems
  • jaw fractures following the extraction of teeth with nerve injuries.
• Surgery:
  • thoracic surgery - vocal nerve injury
  • hand surgery - joint damage
  • bone surgery - infection
  • orthopaedics - strokes, blood loss
• Oncology:
  • incorrect medication
  • medical negligence / malpractice
• Psychiatry:
  • misdiagnosis
  • incorrect medication