The establishment of a medical error usually pursues the goal of obtaining compensation for damage (damages) and monetary compensation for bodily injury (personal injury compensation).
As a rule, health insurance funds support their clients in the exercise of the right to compensation for damage that has arisen in the provision of medical services. This support can be expressed, first of all, in the verification of the documents presented by the client and the requirement to submit additional documents, as well as in the ordering of the Medical Service of the health insurance funds to conduct its own medical examination with the subsequent assessment of all available data.
It is noted that all personal data received from doctors and hospitals, with the consent of the insured, may only be used to provide support to the patient in identifying a medical error. Some health insurance companies have their own offices for receiving complaints about medical errors.
If you suspect a medical error in the provision of a medical service, it is possible to contact a medical conciliation body (ärztliche Schlichtungsstelle). Such a body, associated with the responsibility of a medical worker, exists in almost every state chamber of doctors.
Therefore, before deciding issues in court, the insured can apply to such an institution in their land of residence. This organization will check if the doctor made a mistake.
Specialists from Schlichtungsstelle, having considered the claims of the victim, will try to peacefully resolve the conflict. Therefore, representatives of liability insurance cooperate with him. In any case, this procedure is free for all parties.
Since the decision of the specialists from the Schlichtungsstelle is not binding on the executors, the insured can turn to a lawyer specializing in medical law.
Alex G.WORKS
Publishing House MK Germany
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