Legal advice on medical errors | Legal advice centre
Questioner
Almost 3 years ago I underwent surgery. During this surgery something went seriously wrong. I submitted this case to my legal expenses insurance. They in turn called in an expert doctor to get advice on the case. I also received this advice and it contains pertinent demonstrable untruths. He clearly stands up for the interests of the operating doctor and not for my interests. And the crucial question of what went wrong remains unanswered. Even after a repeated request for advice from me, there is no answer to the question. Despite my critical comments, the legal expenses insurance accepts the advice and accepts the crucial omission. As far as the legal expenses insurance is concerned, the case will not be pursued further. So I am deprived of the right to any compensation. While the surgeon who operated on me and the hospital both indicate that they will pursue the case. I am now forced to get an answer to that crucial question, to have a counter-expertise done. I also feel seriously emotionally damaged by the demonstrable lies in the advice. I don't want to let this pass me by. Although I am not a direct client, I do pay a premium. What options do I have towards the expert physician and towards the legal expenses insurance? For example, can I file a complaint against the expert physician because he writes down blatant lies in his advice? And secondly: What steps can I take towards the legal expenses insurance? Up until now, the legal expenses insurance indicates that I can use the dispute settlement for the legal part and the counter-expertise for the substantive part.Lawyer
You have the option of a second opinion with the legal expenses insurer, I would certainly make use of that if I were you and with the doctor you can consider the possibility of a counter-expertise. Depending on that, you could perhaps take action against the expert doctor. For further consultation, please send a private message.Lawyer
The above is correct. If you appeal to the dispute settlement and indicate that you are not satisfied with the assistance you have received and this is justified, you can often choose another advocate yourself. If you have another advocate, he or she will first submit the case to her medical advisor who will assess the case. On that basis, it may be that an 'independent' expertise must be carried out. Please note the limitation period for medical errors. This is 5 years. Has the hospital been held liable? If you have any questions, please feel free to send me a message.Neem de volgende stap
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