Following a medical procedure or treatment, something can go wrong. Sometimes this is a complication that nobody could have prevented, but in other cases, it turns out that a doctor or hospital has made a medical error.
For patients, the difference is not always clear, whereas legally it makes a big difference. In this blog, we explain what the distinction is, when there is liability, and what you can do if you suspect that a mistake has been made.
What is a complication?
A complication is an unintended and unwanted consequence of a medical treatment that can occur without the doctor doing anything wrong..
Complications can occur with every medical procedure, even if it’s being carried out meticulously. They are often known and mentioned in medical guidelines or instructions.
Examples of complications are:
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Postoperative bleeding;
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An infection despite sterile procedure;
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Allergic reactions to medication;
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Side effects from a treatment that could not be prevented.
A complication can therefore be distressing and have a significant impact, but that does not automatically make the doctor liable.
What is a medical error?
A medical error occurs when a doctor or other health care provider does not act as a reasonably competent and reasonably acting peer would do under the same circumstances..
That means that something went wrong that could have been prevented if the healthcare provider had followed the professional standard.
Examples of medical errors are:
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Making a wrong diagnosis;
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Forgetting a medical instrument during surgery;
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Administering wrong medication or dosage;
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Not complying with safety protocols;
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Not referring to a specialist in a timely manner.
In the case of a medical error, there is therefore careless or unskilled action, which has caused or could have caused damage.
When is there a question of liability?
A doctor or hospital is only liable if three conditions are met:
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There is a case of a medical error (not just a complication).
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The patient has suffered damages (physical, psychological or financial).
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There is a causal relationship between the error and the damage.
In other words: the error must indeed have been the cause of the injury or the deterioration of health.
In some situations, the distinction between complication and error can be difficult to make. For example, in the case of a complication that actually could have been prevented had the doctor acted appropriately. In that case, a complication can still be deemed as a medical error.
Complication that becomes an error: when?
Sometimes an occurrence seems like a complication at first glance, but later on, it turns out that insufficient precautions were taken or that the doctor did not act adequately when the complication occurred.
In those cases, a complication can still lead to liability. Consider, for example:
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Postoperative bleeding that is not recognized or treated in time;
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An infection that occurs due to insufficient hygiene measures;
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Not intervening immediately in an allergic reaction or oxygen deficiency;
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Not carrying out postoperative checks.
It, therefore, depends on whether the doctor has acted as expected of a competent doctor.
How to judge whether something is a mistake or complication?
The assessment is based on the professional standard — what is considered careful and correct in the medical world.
In cases of doubt, a medical expert is often consulted. This expert assesses:
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Whether the doctor made the correct diagnosis;
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Whether the treatment proceeded according to the guidelines;
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Whether the complication was foreseeable or preventable;
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And whether aftercare was carried out carefully.
Read more about this in our blog The role of the medical advisor in personal injury cases.
What can you do if you suspect a mistake has been made?
If you suspect that a medical error has been made, it is important to first gain insight into what exactly happened.
You can start with the following steps:
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Request your medical file
You have the right to access and a copy of your file. Read more about this in our blog Medical file: access, copy, and correction. -
Ask your doctor for an explanation
You may ask the doctor for an explanation about the course of the treatment and any complications. -
Contact a medical advisor or lawyer
A medical advisor can assess whether the treatment fell within the professional standard.
Then a specialized liability lawyer can determine whether you are entitled to compensation for damages.
Types of damage you can claim for
If a complication turns out to be the result of a medical error, you may be entitled to compensation for:
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Medical costs (such as follow-up treatments, medication or rehabilitation)
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Loss of income (due to disability)
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Household help or home modifications
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Pain and suffering for physical pain, grief and psychological injury
Read more about this in our blog Pain and suffering in the case of medical errors..
Why choose Arslan Lawyers?
At Arslan Lawyers, we regularly handle cases in which the distinction between a complication and a medical error is central.
Our lawyers work closely with medical specialists and experts, ensuring each case is carefully substantiated.
We ensure that:
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Your file is fully investigated;
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The medical error is clearly demonstrated;
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You receive maximum compensation;
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And you are fully relieved during the process.
Our legal assistance is entirely free of charge for victims — we recover the costs from the liable party.
