Odvetniša Družba Prostran
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Medical Malpractice

Medical malpractices are much more common than the statistics of compensation payouts received by patients claiming compensation suggest. As patients become increasingly aware of their rights and file compensation claims more frequently, and with judicial practice easing procedural standards in their favor, an increasing number of patients are successfully claiming compensation.

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.

Odvetnik za odškodnine  –  brezplačno pravno svetovanje

Odvetnik za odškodnine  –
brezplačno pravno svetovanje

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We offer you in the following cases:
   - if you have been physically injured:
        • in a traffic accident, at workplace, on public property or on             private property
        • if you have accident insurance
        • if you have insurance for surgeries, serious illnesses
           except when additional expert opinion is needed,
           and other types of insurance for bodily injuries
        • in a maritime accident damage caused by the owner
           or operator of the vessel
        • during an assault or brawl
    - if you have been a victim of medical malpractice except      when additional expert opinion is needed
    - if you, as a legal entity or a self-employed individual, have suffered       material or non-material damage (except when additional expert      opinion is needed)
    - if you have suffered damage as an individual due to professional       errors in various professions
    - and in other cases of claiming compensation, when the lawyer       and the client agree
Your information
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We offer you in the following cases:
   - if you have been physically injured:
      • in a traffic accident, at workplace, on public property or on private property
       • if you have accident insurance
       • if you have insurance for surgeries, serious illnesses (except when additional expert opinion is needed), and other types of insurance for bodily injuries
       • in a maritime accident (damage caused by the owner or operator of the vessel)
       • during an assault or brawl
   - if you have been a victim of medical malpractice (except when additional expert opinion is needed)
   - if you, as a legal entity or a self-employed individual, have suffered material or non-material damage (except when additional expert opinion is needed)
  - if you have suffered damage as an individual due to professional errors in various professions
   - and in other cases of claiming compensation, when the lawyer and the client agree
Your information
Describe your case in more detail