Liability Claim for Failed Medical Treatment

Questioner

Dear, Next plays; After a failed operation on my ankle in 2013, which may ultimately mean I will lose my lower leg, but will certainly have a serious disability forever, I turned to legal aid. today result of the medical advisor, who was called in by my lawyer at legal aid. Result; on several points culpable actions and mistakes made. The lawyer now wants to draw up a liability statement and send it to the orthopedist in question. I also want to involve the Medical Disciplinary Board. My lawyer indicates that it is better to only deal with liability. What is wisdom? I would like to hear from you,

Lawyer

These procedures before the court and the medical disciplinary board each serve their 'own' purpose: the disciplinary board monitors the quality of the healthcare provided by the physician. The judge must assess whether there is reason to award damages. In the proceedings before the Medical Disciplinary Board, a doctor can therefore never be ordered to pay damages. Although it seems logical that judges in liability proceedings are guided by a ruling of the medical disciplinary board, this is certainly not always the case. The proceedings can therefore be conducted separately. Experience shows that a procedure at the disciplinary court can still be of great importance. The ruling of the medical disciplinary board usually leads to more clarity about the medical side of the case. In addition, the procedure at the disciplinary board is very careful and for most victims it is already very pleasant that they finally get the chance to tell their story themselves. I do not necessarily agree with your lawyer that it is better to pursue only the liability issue. They are two very different procedures, each with its own advantages.