Frequently asked questions about lawsuits between patients - doctors

 

Do I have the right to sue even if they made me sign a document that said I couldn't sue?

Absolutely, it is your right to sue. Usually the so-called informed consents contain illegal and unfair limitations, or are null and void. The Informed Consent serves to certify that you were duly informed of the risks and possible damages, not to limit your rights.

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How long do I have to sue?

2 years from the time the damage occurred, or you became aware of the damage.

 

What if I was never informed about the possibility of the damage I suffered?

The doctor is obliged to inform you of all aspects related to your condition and treatment, so that you are duly informed. The lack of information is a common cause of claimable damages in justice. The Supreme Court of Justice has reiterated many times that it is sufficient cause for compensation in favor of the patient the fact that the informed consent has been obviated against him.

 

Can I sue on behalf of a relative who died during an operation or because of a medical service?

Yeah.

 

Can I sue for my spouse?

Yeah.

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I was treated in an emergency, is it possible to sue?

If you have suffered damage due to medical negligence, even when it was an emergency, you can demand compensation or compensation for the damages suffered. The fact of being received by Emergencies does not change in any way the right to receive an adequate service. Keep in mind that the informed consent regime in case of Emergencies may vary with respect to the regime of elective operations.

 

I was operated on in a Public Hospital, can I sue?

Absolutely. The State is responsible for the damages caused to citizens through the services it provides.

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If I go to the Emergency, can they deny me the service for demanding deposits or advances of money to treat me?

No. The National Social Security Council (CNSS) reiterates to all Health Service Provider Entities (PSS) the practice of demanding deposits or advances of money from Family Health Insurance insured is prohibited. Resolution No. 546-01 instructs the Superintendency of Occupational Health and Risks (SISALRIL) to guarantee full compliance with this provision endorsed by Law 42-01, Law 87-01 and administrative resolutions."

 

 

Can I be denied a copy of my medical record? And if they deny me, what to do?

The medical file is a right of the patient, as established by law 42-01 article 28. And if it is denied, the doctor, or medical center, is committing a serious offense that can generate a claim regarding delivery of the Medical Record, as this is an illegitimate disturbance of the right to access the clinical history held on you. Seek legal help to claim it through a lawyer if this is your case. Contact us and we will help you.

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I got sick from a bacteria while in the clinic/hospital. Is that cause for compensation?

It is probable. It will depend on the type of bacteria, incubation time, and resistance to antibiotics, as well as other technical elements that will depend on each case. What is certain is that in terms of civil liability, cases of nosocomial infections are recognized as strict liability because they are based on the obligation of hygiene, cleanliness, and asepsis, which must be complied with in the entire surgical and care setting.

 

 

I'm not sure if what happened to me qualifies as a court case, and I don't know if going to a lawyer is too expensive. What I do?

At Medical Law we have a case evaluation service for people like you. Contact us with your case and we will make an appointment for you to meet with one of our attorneys.