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Compensation for damages

“Compensation for damages” is intended to relieve non-material damages with a financial compensation as a payback for the inflicted pain and its consequences. If damage to health occurs as a result of a medical error, the injured party can claim compensation for damages.

The settlement of this compensation is possible in the form of a one-off payment or as a monthly cash pension. However, considered that physical integrity is priceless, it is difficult to calculate the exact and fair amount to be paid off as a sign of compensation for pain and suffering. For this reason, the legislator considers the injured party as a whole and takes individual and personal circumstances into account. If, for example, the patient is no longer able to pursue his or her favorite leisure activities due to a medical error, this damage will also be included in the calculation.

Medical Law´s issues must always be analyzed individually. Get in touch with us, and one of our experts will get back to you. 

The following factors play a role in the assessment of damages for pain and suffering:

  • The age of the patient
  • Duration and intensity of pain
  • Duration and number of inpatient treatments and following operations
  • Possible stages of disfiguration
  • Permanent damages
  • Psychological consequences such as depression or anxiety
  • Reductions of the senses such as feeling, hearing or seeing
  • Length of incapacity for work and occupational restrictions
  • Private impairments
  • Impairment of potency, fertility or childbearing
  • Circumstances which led to the damage, such as malicious intent on the part of the doctor
  • Extent of the doctor’s responsibility and guilt
  • Attitude of the doctor towards the case
  • Possible complicity of the patient

Compensation tables can provide orientation for the calculation.

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