Liability for Medical Errors - Free Advice

Questioner

Good afternoon, I have become incapacitated for work due to medical errors. This is still very recent. I therefore have 2 questions. Can I hold the surgeon liable for his errors and mutilation? And because I now receive a WHIA benefit after 30 years of loyal service and am completely incapacitated for work until May 2019, I will be assessed in May, I assume. You read all kinds of unpleasant stories on the internet, I don't really know what to do. Do you have any answers or are there specialists I can already contact?

Lawyer

You can hold the surgeon liable, but you will have to come up with good arguments and facts, as it is usually difficult to prove liability. If you wish, you can contact me directly to discuss your case further. Click on the button next to this answer for direct contact. If the surgeon is found liable, the legal costs to be incurred will also be reimbursed. So it will not cost you anything.

Questioner

Can I call you about this tomorrow? I am just being nursed and then the care is also out of the house I hope you understand that

Lawyer

I understand that you state that a medical error has been made and that you want to hold the surgeon liable for this. A medical error only occurs when the surgeon has not acted as may be expected of a reasonably competent and reasonably acting physician. The burden of proof rests in principle on you. In order to demonstrate that a medical error has occurred, the medical file will have to be requested and a medical advisor will then have to assess this information. In addition, I understand that you have questions about a WIA assessment. The WIA assessment will in principle take place after 104 weeks of incapacity for work. In that case, an insurance doctor and an occupational expert from the UWV will assess, in short, to what extent you are incapacitated for work. Given your situation, I advise you to contact an LSA attorney near your place of residence. An LSA attorney is an attorney who specializes purely in handling personal injury cases. I wish you much strength with the situation.