In case of suspected medical errors Who can patients turn to?

Patients find support at various points
If a patient suspects that the doctor made a mistake in the treatment, he should not simply accept it. Instead, it is advisable to contact either the doctor or a counseling center to clarify the case. In an interview with the news agency "dpa", an expert gives tips on where patients can get support in such a case.
Number of suspected cases increases
If a doctor does not adequately or late-track his treatment or doses medication incorrectly, experts say there is a medical error. Even a wrongly inserted hip joint, the implementation of a therapy after outdated knowledge or a missed swab in the patient's body during the operation, can be a reason for claims for damages and claims for damages. The number of cases is still high: According to a report by the German Medical Association, in 2015 a total of 11,822 patients reported a suspected treatment error to arbitration boards and expert committees (2014: 12,053).

Often doctors are overworked when it comes to so-called malpractice. Picture: Piotr Marcinski - fotolia

The most common diagnoses leading to the allegations were therefore knee and hip joint arthrosis as well as lower leg and ankle fractures. A decision was made 7,215 times last year, and in 2,132 cases the acceptance was confirmed (2014: 2252), according to information from the German Medical Association. Of these, the patients suffered in 1,774 cases of damage to their health which justified their claim for compensation. Only recently had it become known that there had been several deaths due to medical errors in the last year alone in Thuringia.

Record important information in a patient diary
Anyone suspecting a treatment error in themselves or a relative, can turn to different places. One possibility is to discuss the suspicion directly with the physician. "The doctor is obliged to respond to specific requests," explains Regina Behrendt, consultant for the health market at the consumer center of North Rhine-Westphalia, opposite the "dpa". However, a witness should be taken along for the interview, because the burden of proof lies with the patient. For this reason, according to the expert, it is also recommended to keep a patient diary in order to "[,]] record all possible details and facts as far as possible within the framework of a memory protocol."

These include, but are not limited to, the name of the treating physician and nurse, treatment details or counseling, and contact information for the bed neighbor. In addition, of course, everything should be noted, "which seems a bit strange," said the expert.

Health insurance can inspect the files
For a consultation are generally the health insurance companies available. These are obliged to support their insured persons in case of suspected treatment errors. If the person concerned has released the doctor from his duty of secrecy, the fund can inspect the files and check for irregularities. If there are indications of a faulty behavior, the insurance company can commission an expert report from the Medical Service of the Health Insurance Funds (MDK), explains Regina Behrendt. If the suspicion condenses, it would be advisable to seek advice from a specialist lawyer for medical law, "just to know the statute of limitations," said the expert. However, the patient must pay for the costs himself, and it may also be costly if the matter goes to court, Behrendt points out.

The arbitration boards of the German Medical Association can also help in case of suspected treatment errors. Here, however, the doctor must first give his consent for mediation. If that is the case, the mediation allows for an out of court settlement. This offer is - as well as advice from the health insurance - for the person concerned free. (No)