A medical error has not only physical consequences. Many victims also struggle with psychological complaints, such as fear, insomnia, gloom or even post-traumatic stress disorder (PTSD).
Psychological damage can profoundly affect your daily life — sometimes even heavier than the physical injury itself.
In this article, you will read when psychological damage may be eligible for compensation, how you can prove it, and what steps you can take with the help of a specialized attorney.
What is psychological damage in a medical error?
Psychological damage is damage that occurs as a result of emotional or mental consequences of an event — in this case, a medical error.
The complaints include:
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fear, panic or flashbacks;
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stress or tension in medical situations;
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depressive feelings or loss of joy in life;
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concentration problems or sleep problems;
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loss of confidence in doctors or hospitals.
These complaints can lead to long-term limitations in work, relationships, or social functioning.
When is psychological damage compensable?
Psychological damage can only be eligible for compensation if there is a liable party and there is a causal connection between the medical error and the psychological complaints.
That means it must be demonstrated that:
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The doctor or institution made a mistake (acted negligently or against professional standard).
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You have thus suffered mental injury that is medically demonstrable.
Psychological damage can therefore be compensated if:
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the error has led to severe suffering or fear (for example after a failed operation or incorrect diagnosis);
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you witnessed a medical error with severe consequences (shock damage);
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you have lost a loved one due to medical failure (affection damage).
Also read:
👉 Loss of chance in medical errors
👉 Compensation for medical errors
How is psychological damage determined?
Psychological damage must be substantiated with medical or psychological reports.
That means you not only have to prove that you feel unwell, but that there is an acknowledged psychological injury.
Consider:
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a diagnosis by a psychiatrist or psychologist (such as PTSD, depression or anxiety disorder);
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reports of therapies or treatments;
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statements from your general practitioner or medical specialist;
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any occupational reports in the event of work dropouts.
A lawyer can, together with a medical advisor, assess whether your complaints are sufficiently substantiated to be included in the damages claim.
Also read:
👉 Causal connection in medical errors
👉 Compensation for medical liability
Which forms of psychological damage are eligible for compensation?
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Psychological damage in physical injury
In most medical errors, psychological damage occurs next to physical injury.
You can then claim both material and immaterial compensation. -
Shock damage
This occurs when you experience a medical error up close and as a result suffer psychological injury.
For example, if you see a family member die from a mistake during surgery. -
Affection damage
Survivors can get damages for the sorrow of a seriously injured or deceased loved one. -
Independent psychological injury
Compensation can also be possible without physical injuries, for example in the case of a misdiagnosis or traumatic experience during a treatment.
How is the amount of compensation determined?
The amount of the compensation for psychological damage depends on:
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the severity and duration of the psychological complaints;
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the impact on work, family, and daily functioning;
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the age of the victim;
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and the degree of recovery or permanent limitations.
In the case of serious, long-term complaints (such as PTSD or a permanent anxiety disorder), damages can increase considerably.
In addition, other related costs can be reimbursed, such as loss of income, therapy costs, and travel costs.
Evidence and case file building: essential for success
A well-constructed case file increases the chances of a successful damages claim.
Important documents include:
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medical records of the treatment as well as the psychologist or psychiatrist;
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correspondence with the health institution or insurer;
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statements from relatives about behavioral changes;
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evidence of missed income or additional costs.
Also read:
👉 The medical file: inspection, copy, and correction
👉 Filing a complaint after a medical error
Why Arslan & Arslan Lawyers?
At Arslan & Arslan Lawyers, we understand how heavy the psychological consequences of a medical error can be.
Our lawyers specialize in medical liability and work closely with independent medical advisors and psychologists.
We ensure that:
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your complaints are taken seriously;
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your damage is fully and carefully calculated;
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and you receive free legal assistance (we recover the costs from the liable party).
Psychological damage after a medical error? We can help you
Are you experiencing psychological complaints after an error in the hospital, from the general practitioner or in a private clinic?
Contact Arslan & Arslan Lawyers for a free assessment of your case.
We will ensure that you get the compensation you are entitled to — with attention to both your recovery and your future.
Frequently Asked Questions
Can I receive compensation for psychological damage caused by a medical error?
Yes, psychological damage resulting from a medical error can be compensated if there is a liable party and a causal connection between the error and your mental health issues. You need to demonstrate that the error led to the psychological complaints and that they are medically verifiable.
What evidence do I need to prove psychological damage from a medical error?
You should provide medical or psychological reports, such as diagnoses from psychologists or psychiatrists, therapy reports, and statements from healthcare providers. These documents help substantiate the psychological injury and support your claim for compensation.
Under what circumstances can psychological damage due to medical error be compensated?
Compensation is possible if the error caused severe suffering or fear, if you witnessed a severe medical error, or if you lost a loved one due to medical negligence. The damage must be directly linked to the medical mistake and be demonstrably severe.
What types of psychological damage are eligible for compensation?
Commonly, psychological damage that occurs alongside physical injury, such as PTSD, depression, or anxiety, can be compensated. Additionally, shock damage resulting from witnessing severe medical errors may also qualify for compensation.
