Doctors, dentists, nurses, physiotherapists, despite their professionalism, are, like every human being, susceptible of commuting errors while exercising their art, therefore engaging their responsibility.
Some of them can provoke consequences that can sometimes be damageable.
In this case, the patient who is the victim, in order to be able to claim compensation for the damages suffered, must first demonstrate that the health care provider was at fault.
What is a medical mistake?
A health service delivery will be qualified as mistaken if, depending on the scientific medical knowledge, the diagnosis techniques, the therapeutic resources and the contemporary professional recommendations, it does not correspond to the one that any good doctor, who is prudent and diligent, would have ensured, in the same circumstances; knowing that he/she has a means obligation and not a result obligation.
How to prove that there was a fault?
Furthermore, it is necessary to prove that there has been a mistake, which implicates to search for it, in order to highlight it afterwards. In this perspective, the victim’s medical advisor will have to thoroughly interrogate the victim and scrutinize the medical dossier, the hospital dossier and so on.
In order to do so, a complete copy from these ones will be delivered based the on express request from the victim to the therapeutic sector, accordingly and in application of the law on patients’ rights from 2002.
The referral medical expert will undergo the useful bibliographic researches and will select the scientific articles and chapters of the pertinent medical treaties. In parallel, he/she will also consult other medical specialists in order to confront the hypothesis of the mistake to the facts in question.
In order to ask for the complete reparation of the prejudices suffered by the victim following a medical mistake, it is necessary, in the frame of common law and medical civilian professional responsibility, to demonstrate the existence of a fault, of damages and of a causal relation between the fault and the damages in question.