In which cases can we say that a medical error has occurred? This refers to cases where a doctor does not act with the care of a good professional according to the rules of medical science and profession, and customary practices. As a result, the doctor causes or fails to prevent harm to the patient, and the patient can file a compensation claim for the damage incurred.

Medical errors can arise, for example:

• diagnostic failure or delayed diagnosis 

• improper implementation of treatment based on an otherwise correct diagnosis

• Mailpractice in handling technical tools (e.g., improper use of a scalpel)

• Procedural mistakes 

• inadequate medical equipment (e.g., wheelchairs)

• inadequate organization of work (untimely medical measures due to waiting lists)

• failures caused by medical staff

When filing a compensation claim, the insurance company usually transfers it to the healthcare institution where the medical error occurred. Based on previous experience (more than 20,000 filed compensation and other claims for the recognition of insurance benefits), we can state that there is a small chance of obtaining compensation for a medical error amicably (i.e., if you file a compensation claim).When a settlement is not possible, a compensation lawsuit is necessary.

In 2019, approximately half of the lawsuit claims were successful, even though success in court depends mainly on the expert opinion of a medical expert. Legal practice has developed certain procedural facilitations for patients who, as layman, are litigating against an expert on the other side.