October 25, 2024, 9:25 am | Read time: 4 minutes
Treatment errors in medical practices and hospitals can be the cause of damage to health. Anyone who suspects that an error has occurred has various legal options in Germany.
Despite clear indications, did the doctor not make a diagnosis? Did this result in unnecessary pain or a worsening course of the disease? These are classic examples of medical malpractice. If doctors make a mistake, patients are often entitled to compensation for damages and pain and suffering—an overview of the most important questions and answers.
Overview
What exactly is medical malpractice?
There are many sources of error – not just during treatment or an operation. Something can also go wrong during a consultation or information session; a diagnosis can be made incorrectly, or hygiene standards can be violated. And of course, nurses or midwives can also make mistakes instead of doctors. Treatment errors are very diverse and can occur in different types and variations. Below, you can find out what you can do in a worst-case scenario.
What do I do if I suspect that an error has occurred?
The most important thing is not to wait too long. As a rule, claims become time-barred after three years. It is, therefore, advisable to talk to the doctor first. Perhaps misunderstandings or questions can then be clarified directly. Patients can also take this opportunity to request access to their patient files. The doctor may only refuse this in exceptional cases. The health insurance company checks the documents and may ask the clinic or doctor’s practice for more. If the health insurance fund also sees a justified suspicion of a treatment error, it can commission the Medical Service to prepare an expert opinion. Insured persons do not have to pay for this.
A second opinion also does no harm. Another doctor can give an independent assessment of whether there has been an error in treatment and how this could have influenced the treatment outcome.
It is also important to note that when it comes to treatment errors, the burden of proof lies with the patient. They must not only be able to prove that the treating doctor made a mistake. They must also be able to prove that they have suffered damage to their health – and that this was caused by the error.
The conversation didn’t help, but the suspicion is confirmed – what now?
In such cases, patients should seek support. The point of contact for this is usually the health insurance company. Alternatively, those affected can contact independent patient advice services or self-help organizations. Hospitals often also have their own complaints offices for patients.
The health insurance company checks the completeness and plausibility of the information submitted. In addition, it can access other existing data on the course of treatment that could provide indications of possible treatment errors.
The health insurance fund can commission an expert opinion if it suspects a treatment error. If the MDK (Medical Service of the Health Insurance Fund) actually finds an error, patients can take legal action. Alternatively, medical and dental associations often have their own experts and arbitration boards. Participation in these procedures is usually free of charge for patients.
State medical association also a point of contact
There is another way to investigate suspected medical errors: via the state medical associations, which have set up expert commissions and arbitration boards for this purpose.
To initiate proceedings there, you must submit an application. The respective state medical associations provide forms for this purpose. Here, too, the procedure is free of charge. At the end, there is also a statement as to whether, according to medical and legal assessment, a treatment error has occurred. Anyone affected by treatment errors can also obtain additional tips from the consumer advice center and the Federal Ministry of Health.
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This is how many medical errors there were in 2023
The number of medical malpractice claims has been declining for several years. According to the MD-Bund (Medical Service Association), around 12,400 cases were reported in 2023. A year earlier, the figure was just over 13,000. Looking back even further, there were as many as 15,100 reported medical malpractice reports in 2016. These figures relate to medical malpractice reports from the medical services.
Of the 12,400 medical malpractice reports reported in 2023, no medical malpractice was found in 74.6%. In 25.4 percent, there was a treatment error with damage, and in 21.5 percent, the treatment error was even the cause of the damage.
with material from dpa