Physician liability: Your rights and options


Questioner

I had breast cancer, both my breasts were amputated and reconstructed, but one breast was rejected and removed again, but that side of my breast is now doing very badly. I now have to undergo physiotherapy first. Now the question is whether it will turn out well. Can I hold the doctor liable because he referred me too late?

Lawyer

How annoying for you. If it is established that the doctor has made a professional error, you can hold him liable for it. This must be investigated and tested.

Lawyer

First of all, I wish you a speedy recovery and much strength. In addition to a legal aspect, your question also has a major medical aspect. For us lawyers, it is not immediately possible to say whether the doctor has made a mistake. For that, we must ask our medical advisor for advice. The medical advisor is an independent doctor who will assess all medical information. In doing so, the medical advisor will have to determine whether a certain situation is a complication or a culpable error. If there is a complication, the doctor cannot be held liable. If there is a culpable error, then yes. Good luck in the future. And if you have any additional questions, I would be happy to hear from you.

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