Differences between malpractice and medical error
The medical error
A medical error corresponds to several situations. Most often it is a diagnosis error or a care error. This may be, for example, an error of assessment of the care or the late implementation of the latter.
We will retain as a definition the error linked to uncertainty and the imponderables of medicine without any particular fault of health professionals.
Medical negligence: non-compliant act and misdiagnosis
This fault consists in the questioning of the responsibility of the health professional when the latter has not respected the rules of the art of medicine. It is not a question of the absence of success of a medical act but of the calling into question of the faulty behavior of the professional: fault of imprudence, fault in the diagnosis, fault in the preparation or the execution of a care. It could also be a lack of information.
We will retain as a definition of medical malpractice that it is an act that does not comply with the data acquired by science at the time of its realization.
In concrete terms, the notion of medical error and medical malpractice are very close but will determine the compensation to which the victims will be entitled.
Procedure for claiming compensation for medical error or malpractice
Before taking any steps, we recommend that you contact your insurer. You will know if you are covered under the life accident guarantee, and thus make an accident declaration if necessary.
For all medical accidents, in a public or private establishment, the first step is to retrieve the medical file from the practitioner or the establishment in question. It will then be necessary to carry out a medical expertise by a specialized doctor.
Compensable damages?
The costs of health expenses already incurred or to come are compensable:
- Hospital, medical or paramedical expenses
- Costs of future expenses, even occasional ones, made necessary by the pathological condition of the victim.
- Assistance from a third party: home help
- Professional impact
- Suffering endured or pretium doloris
Vous pourrez ainsi espérer obtenir réparation des préjudices subis à l'issue d'une procédure CRCI-ONIAM ou d’une procédure judicaire, au cours de laquelle MATTHEVA vous assistera.
