MEDICAL MALPRACTICE

No. Medical procedures have known complications that can occur despite careful practice. Liability requires that the physician or provider failed to exercise the care required by medical science and that the harm resulted from that fault; this is usually determined through expert review.

For harm suffered in public hospitals, an application is first made to the administration, followed by a full remedy action before the administrative court. Claims against private hospitals and clinics are, as a rule, heard by the consumer courts and may require a prior mediation stage.

The patient file, discharge summary, surgical and anaesthesia notes, imaging results, signed consent forms and invoices are the key evidence. Patients have the right to request a copy of their medical records from the provider.

The patient must be informed of the risks, alternatives and possible outcomes of treatment before the procedure. Where a procedure is carried out without adequate information, liability may arise even if there was no medical error.

Yes. A medical error may constitute negligent injury or negligent homicide. The criminal investigation and the compensation claim proceed independently; for physicians who are public servants, a permission-to-investigate procedure may also apply.

Because the aim of cosmetic procedures is to achieve a particular appearance rather than to treat an illness, the courts apply a stricter standard of liability. Informing the patient of the risks is especially important in these procedures.