Medical malpractice cases
The law firm has extensive experience in medical malpractice cases. For years, we have been acting in them as defence counsel for doctors accused of committing an offence (usually an offence under Article 160 § 3 of the Code of Criminal Procedure or Article 155 of the Code of Criminal Procedure) or as attorneys for injured parties (auxiliary accusers). Thanks to the fact that the Law Firm also includes specialists in civil law, when representing our clients in criminal cases, we always take into account the civil law consequences that may arise from a given event.
On a number of occasions, we have represented doctors in civil cases where they have been sued for compensation or damages, as well as patients pursuing claims to which they are entitled.
Knowledge of the various branches of the law allows you to choose the optimal route for your claim or defence.
In medical malpractice cases, we represent clients in, among others, the proceedings listed below:
CIVIL PROCEEDINGS
As a result of medical malpractice, in some cases health disruption or even death occurs. This gives rise to claims which can be pursued before the civil courts. These claims - depending on the case - may relate to damages or compensation for harm.
PROCEEDINGS BEFORE THE INSURER
Civil law claims related to medical malpractice can also be pursued against the insurer of either the Hospital or the specific doctor. Appropriate action before the insurer makes it possible in some cases to obtain asserted claims without initiating a court case and to minimise costs.
CRIMINAL PROCEEDINGS
In some cases, medical malpractice is also a criminal offence. Adequate representation in criminal proceedings, from pre-trial to final judgment, allows the client's interests to be properly safeguarded, also from a civil law perspective.
DISCIPLINARY PROCEEDINGS
Malpractice may also constitute a disciplinary tort on the part of the doctor. The decision of the Medical Court is significant in the context of civil (and sometimes criminal) liability from the perspective of both the accused doctor and the injured patient.