The smooth running of medical facilities such as doctors’ surgeries, hospitals, clinics, health centres and care facilities is part of the organisational and coordination duties.
Patients can in principle claim damages if they fall victim to mistakes. However, they have the burden of proof, i.e. they must prove that there is a fault which has caused damage to health. Some specific cases may lead to a reversal of the burden of proof, i.e. the medical institution must prove that they did not make a mistake. If it is obvious that the error was caused by a lack of prevention, the reversal of the burden of proof applies.
- trouble-free communication
- sufficient medical staff
- functioning medical equipment
- Traffic Safety
- Compliance with office hours
- referrals to a specialist
- timely admission to hospital
Treatment errors, Clarification error und Documentation errors are the three main sources of error in the Medical malpractice law – However, organisational and coordination errors can cause these types of errors. This causality is important because in medical malpractice law it is important to distinguish between errors from case to case.
If you suspect that organisational duties of care have been violated, have your case checked by a lawyer.