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Legal representation before a court for civil liability of a medical person or a medical establishment

Legal representation before a court for civil liability of a medical person or a medical establishment in Sofia, Plovdiv and Stara Zagora, Bulgaria

Legal representation before a court for civil liability of a medical person or a medical establishment

Prerequisites for civil liability

      1. Non-fulfillment or violation of an obligation of the doctor (he has not fulfilled it at all or in time). The contract for treatment between a doctor and a patient is not a contract for results, but for services. Incomplete healing of the patient does not mean non-fulfillment of obligations. Disorders:

 non-treatment despite a diagnosis of "forgotten patient", insufficient treatment, "surgical error", untimely surgery - no indications for surgery; infection; non-observation of the patient and lack of information about the patient

 

2. Illegality and consent of the patient - any treatment, any diagnosis is illegal when the consent of the patient is lacking (regardless of the outcome for the patient). The patient suffered injuries. The doctor must require extended written prior consent - for any new findings in the body that need to be removed.

        3. Guilt - medical responsibility is guilty responsibility - in two forms of intent and negligence. The intent is subject to proof by the patient. Negligence is presumed. The patient is not obliged to prove guilt, and the doctor is obliged to prove that there is no guilt for the occurrence of the patient's injury.

4. Harms - damage to health and bodily integrity (death or infliction of bodily harm - property costs for treatment, non-property for pain and suffering).