Quick help with treatment errors

New support for patients suspected of having a treatment error

05/02/2015

If patients have a medical treatment or surgery concern that the medical professionals could have made a mistake in treatment, there are several ways to have this checked. The consumer center Hamburg has summarized in a recent communication an overview of the possible steps after a suspected treatment error.

Medical errors are not uncommon in medical practice and they can sometimes have serious consequences. In the guide „Your right as a patient“ explains the consumer center Hamburg „By means of numerous examples of how you as a patient can claim your rights against doctors, psychotherapists, non-medical practitioners, pharmacists or nursing staff in case of emergency.“ However, those affected should be aware of the fact that a procedure can drag on for years and therefore sometimes enormous stamina is required, quotes the news agency „dpa“ the Head of the Department of Health and Patient Protection at the Consumer Center Hamburg, Christoph Kranich. In the worst case, the treatment against the suspected treatment error could pull the patients down again.

Turning on the lawyer
The options for suspected treatment errors are relatively diverse. Of course, patients have of course the opportunity to hire a lawyer, but they may have to pay the costs. Therefore, advises the consumer center Hamburg the step not frivolous. For this purpose, the persons concerned should ideally have a legal expenses insurance with contract law protection and clarify the insurance in advance the cost assumption, the release of the „dpa“. Legal expenses insurance can also recommend lawyers to lawyers specializing in medical law.

Assistance by the arbitration boards
The patients also have the opportunity to contact the conciliation and expert commissions of the medical associations, explains Christoph Kranich in the contribution of the „dpa“. Sufferers can submit a request for a free review of their case here. The Statistical Survey of the 2013 Advisory Councils and Arbitration Centers shows that 12,173 applications for review of possible treatment errors were made and that 7,722 cases were subject to a substantive decision. However, conciliation and expert panels only confirmed a treatment error in 2,206 cases. Since the bodies often provide their free opinions only on the basis of the file situation and carry out no additional investigations of the patients, they are not fully recommendable, reports the „dpa“ citing the expert of the consumer center Hamburg, Christoph Kranich.

Medical service of health insurance
The Medical Service of the Health Insurance (MDK) also offers free advice on suspected treatment errors. According to Christoph Kranich, those affected should contact their health insurance provider with a request for placement at the MDK. The MDK does not draw up the opinion solely on the basis of the file situation, but if necessary, invite the affected patients to further investigations. However, in contrast to the conciliation bodies, the expert opinion support provided by the MDK has the disadvantage that the statute of limitation of three years continues here, according to Kranich in the contribution of the „dpa“. At the arbitration boards, however, the statute of limitations is suspended for so long.

Last but not least, some health insurance companies offer their insured special support for suspected treatment errors. In the opinion of Christoph Kranich, this is certainly a positive factor, as the funds themselves have an interest in detecting possible treatment errors. Finally, they may have paid for unnecessary treatments.

Difficult evidence of treatment errors
Overall, it is quite difficult for those affected to clearly detect a suspected treatment error, even if they are supported by different sides. The burden of proof usually lies with the patients, even though in certain cases, according to Christoph Kranich, there is a so-called "facilitating of proof" with reversal of the burden of proof. This applies, among other things, if the doctor has poorly documented or, for example, the surgical report is missing. According to estimates by the expert of the Verbraucherzentrale Hamburg, about one third of the suspected treatment errors will be confirmed at the end. However, it could also have a positive effect if the assessment shows that there was no treatment error. For some patients, it helps to know that their guess was wrong and that they can continue to trust their doctor. (Fp)