Medical negligence cases can be complex in nature and thus victims often feel unsure regarding their legal rights and how to pursue them. Our experienced Cyprus law firm has dealt with several medical negligence claims in Cyprus concerning various types of injuries. This guide provides the answers to the most frequently asked questions regarding medical negligence cases.
What does medical negligence involve?
There are different kinds of medical negligence. Some examples include:
- Misdiagnosis/Delay in Diagnosis
- Poor treatment in hospital resulting in infections
- Surgical malpractice
- Unnecessary surgery
- Poor aftercare following surgery
- Dental negligence
- Birth Injuries
- Errors by specific medical professionals including opticians, physiotherapists and chiropractors
- Prescribing wrong medicine
Is the medical error enough to establish a medical negligence case?
It must be emphasized that a medical error on its own does not suffice to establish a medical negligence case. The error needs to have caused the victim’s injury/loss. This is the principle of Causation. Thus, in medical negligence cases, a medical expert’s report is crucial to establish the causation between the negligent act/omission and the injury that the client has suffered.
Will my case go for trial?
Your case will not necessarily go to Court. Our Cyprus lawyers have always sought to achieve an out of court settlement for our client’s cases, that would prevent our clients from engaging in long and high-cost court proceedings. Moreover, following the recent establishment of the new civil procedure rules and the relevant Pre-Action Protocols, it has become an official rule that the conflicting parties have to engage in a fair and genuine attempt to settle the case out of Court. Our team will make sure that the relevant pre-action protocol has been followed and will promote your legal rights during the part of negotiation. However, in case that an out of court settlement is not possible, we may proceed with filing a lawsuit.
Can I handle my case on my own? How will a lawyer assist me with my case?
Hiring a lawyer is highly advisable in this kind of cases. A lawyer will assist the medical negligence victim from the beginning of the process and until completion. An experienced lawyer of our team will examine your case and will guide you on how to establish and promote your case and legal rights collecting the necessary documentation, including the medical expert’s report/reports. Moreover, we will ensure to follow the pre-action protocol that is stated above, prepare the relevant documentation, and deal with the part of negotiation with the other party/parties ensuring that your legal rights are protected. Finally, if negotiation does not lead to an out of court settlement of the case, our Cyprus lawyers will manage the procedure of filing a lawsuit and pursuing the lawsuit until completion.
What should I do to assist with the preparation of the case?
We normally ask our clients to provide us with any supporting documentation that they have. This usually includes their medical records, before and after photos, proof of expenses incurred as a result of the injury, and a list of possible witnesses.
My doctor denies me access to my medical records. What should I do?
In case that you do not have your medical records either because your doctor is not willing to provide you with them or because of any other reason, we will request your medical records, notes, and any other relevant document on your behalf and ensure that we will have all the necessary documentation in order to establish and support your case.
What damages can I claim?
Damages can have the form of economic loss suffered by the claimant as a direct result of the negligence, often including lost wages and medical expenses. This kind of damages is called special damages. Damages may also include the future loss of earnings and the future expenses to which the claimant will have to incur because of the negligence. Moreover, the claimant is entitled to general damages, which refer to the compensation for the pain, suffering and distress that the claimant has suffered.
How are general damages measured?
Special damages may be calculated accurately with the necessary supporting documentation. On the other hand, general damages cannot be precisely calculated in the sense that these relate to intangible matters like pain and suffering. The way that we measure this kind of damages is by looking at past case law; general damages awarded in cases with similar nature of injuries and circumstances to yours provide an indication of the compensation you may obtain.
How long will it take to obtain my compensation?
Following the gathering of all the necessary supporting documentation, an out of court settlement may be achieved during the stage of negotiation which usually lasts a few months. However, if an out of court settlement cannot be achieved and a lawsuit would be necessary, it would take longer to obtain the compensation as the court proceedings normally take some years.
Is there any time limitation to initiate court proceedings?
Yes, the period of limitation for this kind of cases is three years from the date that the negligence took place or the date on which the claimant realised that the negligence had occurred. Thus, it is extremely important to promote any efforts to settle the case out of Court as soon as possible after the date of the incident/the date you realised you have been a victim of medical negligence.
Our Cyprus law firm seeks to secure the best possible compensation for our clients in the most effective way. The majority of claims we have handled, have been settled out of Court without the need for long Court proceedings.
