If you or a loved one is the victim of a medical error, this can have far-reaching consequences. Not only physically and emotionally, but financially the damage can be significant. At Arslan Advocaten, we have extensive experience in assisting victims of medical errors. In this article, we will explain what is meant by a medical error, how you can demonstrate liability, and which items of damage can be recovered.

What is a medical error?

A medical error is a mistake by a doctor, specialist or other healthcare provider where the treatment does not meet professional standards. This can result in injury, worsening of symptoms, or even death. Some examples include:

• A wrong or missed diagnosis

• A mistake in surgery or medical procedure

• Incorrect medication or wrong dosage

• Insufficient or incorrect information about risks

• Late or incorrect referral to a specialist

Not every complication or disappointing result is automatically a medical error. Whether the healthcare provider has acted as a reasonably competent and reasonably acting colleague is key.

Liability for medical errors

To hold a healthcare provider or hospital liable, it needs to be demonstrated that:

1. There is an error that falls outside the professional standard.

2. There is a causal relationship between the error and the damage.

Demonstrating liability is often complex. Medical files need to be carefully analyzed and sometimes independent medical experts are needed to confirm the error.

Our lawyers have the knowledge and experience to underpin your case both legally and medically.

What damages can you recover?

Victims of a medical error can get various types of damage compensated, including:

• Medical costs (current and future treatments, aids, medication)

• Loss of income (loss of earning capacity due to disability)

• Compensation for pain and suffering (compensation for pain, sorrow and decreased enjoyment of life)

• Household help and caregiving

• Travel costs and other additional expenses

Our lawyers will make sure that no item of damage is overlooked and that you receive the maximum compensation you are entitled to.

How does a medical error case work?

The process generally proceeds in stages:

1. Case investigation: Medical files are requested and analyzed.

2. Liability establishment: the healthcare provider or hospital is formally held liable.

3. Medical expertise: if necessary, an independent expert is engaged.

4. Negotiation or procedure: many cases are settled in consultation with the insurer, but sometimes a legal procedure is necessary.

Our lawyers guide you at every step and take full legal handling off your hands.

Cost-free legal assistance

Many victims of medical errors hesitate to engage a lawyer because of the costs. This is not necessary at Arslan Advocaten. When liability is acknowledged, the costs of our services are for the account of the party held liable. So our legal assistance is cost-free for you.

Why Arslan Advocaten?

• Extensive experience in medical error cases

• Specialist knowledge in both medical and legal fields

• Personal guidance and short lines with our clients

• Maximum compensation thanks to our thorough approach

Are you a victim of a medical error or are you unsure whether there is an error? Please contact us immediately for a free advice consultation. Our lawyers are ready for you.