Incorrect Diagnosis or Treatment: When a Medical Professional Is Responsible and How to Obtain Compensation
Errors in healthcare can have serious consequences — from worsening the patient's condition to disability or the need for prolonged treatment. At the same time, not every unfavorable treatment outcome automatically indicates a violation by the doctor. However, if the actions or inactions of a medical professional have caused harm to a person's health, the patient has the right to demand compensation for the damage caused and hold those responsible accountable. Experts explained what is considered a medical error, what types of liability medical professionals may face, and what steps need to be taken to protect one's rights.
What is considered a medical error
Current Ukrainian legislation does not contain an official definition of the term "medical error."
At the same time, a medical error is usually understood as actions or inactions of a medical professional that resulted in harm to the patient's health.
If such a fact is established, the medical professional may be held liable, and the patient gains the right to demand compensation for the damage caused.
What liability a medical professional may bear
Depending on the circumstances of the case and the severity of the consequences for the patient, liability for a medical error may include:
- civil liability;
- administrative liability;
- criminal liability.
At the same time, the law provides exceptions. A medical professional is not liable if the patient independently violated the prescribed treatment regimen or refused to undergo treatment.
What a patient should do in case of a medical error
If a person believes that their health was harmed due to unlawful actions or inactions of a medical professional, experts advise acting step by step.
In particular, it is necessary to:
- submit a statement to the management of the medical institution;
- file a complaint with the health department or the Ministry of Health of Ukraine;
- notify law enforcement agencies if the consequences include disability, loss of working capacity, or other serious injuries;
- appeal to the court demanding compensation for the damage caused.
What information should be included in the complaint or statement
When preparing the appeal, it is recommended to specify:
- a brief description of the circumstances of the event;
- available evidence of a possible medical error;
- specific demands regarding compensation for damages.
Evidence may include, in particular, an incorrect diagnosis, mistakenly prescribed treatment, incorrect interpretation of laboratory or other diagnostic test results, as well as other documents or materials confirming the violation.
What compensation can be obtained
If the fact of a medical error is proven, the patient has the right to demand compensation for both material and moral damages.
Material damages may include:
- treatment expenses;
- rehabilitation costs;
- other documented expenses related to the deterioration of health.
To confirm such claims, receipts, invoices, medical documents, expert conclusions, and other evidence may be required.
It is also possible to demand compensation for moral damages if, as a result of the medical error, the person suffered physical or emotional pain, experienced humiliation of honor and dignity, or other negative non-material consequences.
The amount of moral damages is specified in the claim statement, but the final decision on the compensation amount is made by the court taking into account all the circumstances of the specific case.
Subscribe to our Telegram channel t.me/sudua and to Google News SUD.UA, as well as to our VIBER and WhatsApp, Facebook page and Instagram to stay informed about the most important events.
