Lawyer for Bodily Injury from Medical Negligence
Is there a criminal case after an injury caused during a medical act?In such a case, it must be established whether the patient's injury is the result of a culpable breach of professional rules or whether the result has another medical explanation.
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What must be proven in the case
It is not enough that there was a complication, nor that the patient simply needed further treatment.
The analysis must cover: the concrete medical conduct; the professional rule allegedly breached; the culpable nature of the conduct; the medical consequence; and the causal link between conduct and consequence.
The expert report is one of the central pieces of evidence
It must be checked whether the expert report starts from the complete medical documentation and whether it answers the real question: what should have been done under the existing conditions at that time and whether a different conduct would have avoided the result.
Are you a doctor or a patient?
If you are a doctor under criminal investigation, see also Doctor criminal liability.
If you are a patient seeking compensation for the damage, see Medical malpractice compensation.
This page remains exclusively focused on the criminal charge of bodily injury from negligence.
Frequently asked questions
What is the difference between civil malpractice and criminal bodily injury from medical negligence?
Civil malpractice triggers liability for damages. Bodily injury from negligence is an offence which requires culpable, causally linked conduct that breaches the rules of the profession.Can a forensic report be challenged?
Yes. A new expert report, completion of the existing one or additional questions can be requested when the conclusions are not sufficiently based on the documentation.What happens if I am called for a hearing in this capacity?
Contact me before the first statement. The strategy is built according to the procedural capacity and the existing evidence.
Contact | Free initial assessment
Tell me in a few sentences what happened and I will tell you concretely what the next steps are. The first assessment discussion is free.
Official resources
- Criminal Code - bodily injury from negligence (art. 196) and situations linked to non-compliance with professional rules. (Legislation)