How to get compensation following a surgical error or fault? What should be done ?
Surgical error what to do?Following a surgical operation, do you think you have been in the presence of a surgical fault? What can be done to be compensated and that the fault be recognized? You must first know that even in the absence of surgical error there may be a possibility of being compensated within the framework of the therapeutic contingency . For there to be a surgical error, the surgeon must not have followed the rules of the art. It is the Kouchner law which provides for compensation.
The surgical error in question
There are times when the surgical error is obvious. For example, you are going to have an operation on your right arm, the surgeon makes a mistake and operates on the left arm. But there are times when the surgical error is anything but obvious: you have knee surgery and bringing your knee out is worse than before. Is there then a surgical error? You must already distinguish the possibility of making a mistake if you think you have been the victim of a surgical error. There may indeed be a difference between what we legitimately feel and the forensic truth. Only an expert doctor can tell whether there is an error or not. Except in the case of Medical Errorobvious, it is best to put yourself in the frame of mind that you are simply looking for the truth. For the association, it is best to simply start submitting a file to the Crci or Cci . The commission will appoint an expert doctor who will deliver an opinion. On the basis of this report, it will then be possible to orient the appeal either against the surgeon’s insurer or against national solidarity if it is a therapeutic hazard. You can inquire on the site on how to enter the Crci. You can do it alone or if you prefer to defend yourself. If you want a lawyer see the medical error lawyer section
Example of a question following a surgical error
Surgical error what to do?I was operated on for a total hip replacement right, at the Clinic. As soon as I woke up, I noticed that my leg was longer than the other, since then I cannot walk, take care of my son, heal, work, drive, take care of my house, do my shopping … I also had a transient paralysis of the leg, it did not respond and hurt my foot in the back, after going to the emergency room, I went home, without knowing what had happened to me, with a new treatment. If I walk, my right knee hurts a lot, like something is going into it. I would like to initiate proceedings against this doctor, who always assured me that everything would return to order, a month later, even my physiotherapist told me that the gap is too great. For me there was a surgical error. Could you help me, Direct me towards people who can accompany me in a surgical error recognition procedure, this case will be difficult, he has a storehouse and a service to him! and I do not have the means to let the business drag on and especially to start it without being sure of a result.
Answer to the question on surgical error
Surgical error what to do?In your case, it is best to start by submitting a case to the Crci so that a neutral medical expert can tell whether or not there has been a surgical error. For the error to be recognized, it will have to be said that the surgeon did not follow the rules of the art in your operation. There are three possibilities: the expert doctor can recognize the surgical error, recognize a therapeutic hazard or say that there is nothing at all. If you wish to be accompanied in your process, you can go to the section ” by whom to be seriously defended “. Otherwise you can also file a single file. Once the principle of surgical error has been recognized, you will be entitled to full compensation for your damage. that should be negotiated with the surgeon’s insurer.
