Medical Error
Medical Error
Medical negligence has become increasingly common in recent years. Whether it involves doctors or nurses in public hospitals, doctors or staff performing cosmetic treatments in “medical beauty” clinics or beauty salons, or even registered Chinese medicine practitioners, if you suffer physical injuries due to the other party’s negligent treatment or failure to explain the risks associated with the treatment to you, you may be able to seek compensation.
Common examples of medical errors in Western medicine include the following:
- Performing unexpected surgery;
- Broken bones but not discovered;
- Acquired infection while hospitalized;
- Injury caused by incorrectly prescribed drugs;
- Errors during surgery;
- Anesthesia errors resulting in remaining awake during surgery;
- Surgical errors leading to brain injury or amnesia;
- Misdiagnosis of serious illness;
- Visual loss due to outpatient surgery errors;
- Skin damage due to outpatient surgery errors;
- Surgery gone wrong leaves the body permanently damaged.
Common examples of medical errors in TCM include:
- Poisoning caused by toxic Chinese medicines or herbal medicines prescribed by Chinese medicine practitioners;
- Skin burns caused by traditional Chinese medicine treatments such as moxibustion, acupuncture and cupping;
- Traditional Chinese medicine treatments such as trauma, massage, or bone setting may cause bone fractures, soft tissue damage, etc.
What should I do if I suspect I have experienced a medical error?
Slightly different from other accidental compensation cases, in medical malpractice cases, the doctors or medical institutions involved may be more inclined to deny responsibility or require the patient to provide sufficient and complete evidence before they are willing to engage in further settlement negotiations with the patient’s lawyer due to their emphasis on reputation.
Therefore, if you suspect you have suffered medical errors, it is best to keep all evidence, including detailed records of the symptoms and pain you have experienced, and hire a lawyer as soon as possible to have the lawyer apply on your behalf to the relevant doctors or medical institutions to reclaim and organize all relevant medical records and notes during the treatment process.
If appropriate, your lawyer may advise and assist you to hire an independent medical expert and seek his or her opinion to analyse and consider whether the relevant treatment involves medical negligence, so as to decide whether to claim compensation from the relevant doctors and medical institutions.
Basically, the threshold of proof for medical malpractice under common law is that the plaintiff (patient) needs to give evidence to prove that the medical procedure concerned did not meet acceptable standards and caused the plaintiff’s personal injury, and that if the same medical procedure had been performed by another competent doctor, the error that occurred during the treatment would not have occurred.
Can I claim compensation from a doctor or Chinese medicine practitioner after an accident?
If the doctor or TCM practitioner involved is negligent in the treatment and causes you to be injured, you can seek compensation from the doctor or TCM practitioner and their insurance company. It is worth noting that registered TCM practitioners need to be licensed by the government to practice, and are generally insured by professional liability insurance companies, which provides better protection in the event of medical negligence. On the contrary, unregistered TCM practitioners may not be insured by insurance companies, and will not be protected in the event of an accident. Therefore, when consumers seek TCM treatment, they must seek help from registered TCM practitioners.
Do I need a lawyer for medical malpractice?
Medical malpractice involves complex legal issues. The compensation claim process needs to be handled in accordance with Court Practice Direction 18.1. Delay in handling may result in the expiration of the right to claim compensation. Patients who have suffered medical malpractice must consult a lawyer as soon as possible and seek legal advice.
The amount of compensation for medical malpractice claims is similar to that for personal injury claims. The victim can seek compensation from the negligent doctor, medical staff and hospital. The main compensations include:
Non-pecuniary loss：
- Pain and suffering
- Loss of amenities
Pecuniary loss：
- Medical expenses
- Transportation fees
- care and attention
- Tonic food
- Loss of future earnings
- Loss of past earnings
- Rehabilitation equipment, such as a wheelchair
- Interest on compensation
As each case is complex and the legal documents or legal procedures involved are not the same, it is recommended to seek professional legal advice and consultation as soon as possible. contact our Customer Manager.