A patient’s claim does not always mean that an error actually occurred during treatment. However, dissatisfaction with the outcome of therapy, a complication, a misunderstanding about the course of treatment or an allegation of insufficient information can lead to a complaint, a demand for payment, proceedings before the Patient Ombudsman or a lawsuit.

In such situations, what matters is not only how the treatment was carried out, but also the medical records, properly obtained patient consent, the way information was communicated and the facility’s response after receiving the first claim.

Our firm supports doctors, clinics, practices and other healthcare providers both in preventing patient claims and in handling cases that have already arisen.

How we can help

As part of protection against patient claims, our work includes, among other things:

• analysing complaints and claims addressed to the facility,
• assessing medical records and other materials concerning the treatment,
• preparing responses to demands from patients and their attorneys,
• liaising with the insurer of the facility or doctor,
• conducting negotiations and settlement talks,
• representation in cases for compensation and damages for harm suffered,
• representation before the Patient Ombudsman,
• proceedings before medical chambers and medical courts,
• defence in criminal proceedings related to the provision of healthcare services,
• preparing procedures that reduce the risk of similar cases in the future.

We help both when the facility has already received a specific claim and when it wants to prepare for such situations in advance.

How should you respond to a patient’s claim?

The first steps after receiving a complaint or a demand for payment can be very important for the further course of the case.

It is not advisable to respond hastily or to correspond without first establishing what actually happened during the treatment.

First, we analyse:

• medical records,
• consents signed by the patient,
• information provided before the treatment or procedure,
• the course of the treatment,
• correspondence with the patient,
• any photos, test results and other materials,
• the content of the claim.

On this basis, it can be assessed whether the patient’s allegations are supported by the documentation and what further course of action will be appropriate.

Medical records as the basis for defence

In the event of a dispute, the medical records are one of the most important sources of information about the course of treatment.

If entries are incomplete, laconic or do not allow the relevant circumstances to be reconstructed, defending the position of the doctor or facility may be much more difficult.

That is why, as part of preventive measures, we look not only at whether the records are kept, but also whether they actually reflect the course of treatment, the information given to the patient and the medical decisions made.

We also help facilities organise their record-keeping rules so that they are clear to all staff.

Patient consent and information about treatment

A common source of disputes is the allegation that the patient was not properly informed about the planned treatment, possible complications or alternative methods.

A signature on a form alone does not always solve this problem.

It also matters what information the patient actually received and whether they were able to make an informed decision about the treatment.

That is why we analyse consent forms and how they are used in the facility. We also help prepare documents tailored to the specific services provided by the clinic.

Claims for compensation and damages

A patient may claim financial benefits if they believe they suffered damage or harm in connection with treatment.

The dispute may concern, among other things:

• an allegation of misdiagnosis,
• an improperly performed procedure,
• inappropriate treatment,
• post-operative complications,
• infection,
• lack of adequate information,
• violation of patient rights,
• deterioration of health,
• additional costs of treatment or rehabilitation.

In such cases, we analyse in detail both the basis of liability and the amount of the claims made.

An unfavourable treatment outcome alone does not determine the liability of the doctor or facility. Every case requires an assessment of the specific circumstances and evidence.

Representation before the Patient Ombudsman

A patient’s complaint may also lead to proceedings before the Patient Ombudsman.

In such situations, we help the facility prepare a response, gather the necessary documentation and present its position on the patient’s allegations.

We also represent medical entities in investigative and inspection proceedings.

Cases before the Ombudsman may concern, among other things, the right to information, medical records, consent to treatment, respect for privacy and dignity or proper access to healthcare services.

Professional liability of doctors

A patient’s claim is not always limited to a demand for compensation.

The patient may also file a complaint about the doctor’s conduct with the professional liability authorities.

We represent doctors in proceedings before professional liability officers and medical courts.

We help prepare explanations, analyse the documentation and take part in the successive stages of the proceedings.

Criminal proceedings

In more serious cases, a matter concerning treatment may also lead to criminal proceedings.

This applies, among other things, to situations involving allegations of exposing a patient to danger, causing serious damage to health or unintentionally causing death.

In such cases, it is particularly important to prepare the position properly from the very first steps.

We represent doctors and medical staff at the pre-trial stage and in court.

Dealing with the insurer

In the event of a patient’s claim, it is also necessary to check the scope of cover under the civil liability insurance held.

We help liaise with the insurer and analyse whether the case was reported correctly and to what extent it may be covered.

At the same time, the insurer’s involvement should not mean that the facility stops taking an active part in the case. Documentation, staff explanations and the position of the healthcare provider may be crucial for the further course of the case.

Negotiations and the possibility of a settlement

Not every case has to end in court.

If the circumstances allow, we analyse the possibility of ending the dispute at the pre-trial stage.

We help conduct negotiations and assess settlement proposals, taking into account both the legal risk and the cost and time of continuing the case.

However, a decision to settle should be preceded by a thorough analysis of the claim. The mere fact that a patient has made a demand does not mean the facility should automatically accept it.

How should a clinic prepare before a claim arises?

The most effective legal protection begins before a dispute arises.

Based on our experience in medical liability cases, we can point out the areas that most often later become a source of problems.

We help facilities, among other things, to:

• update consent forms,
• put medical records in order,
• prepare complaint-handling procedures,
• set rules for communicating with patients,
• regulate how records are made available,
• prepare a procedure in case of a claim,
• train medical and administrative staff.

As a result, if a dispute arises, the facility does not have to start wondering who should respond and what steps should be taken.

Experience on both sides of the dispute

In medical liability cases, we have represented both patients and healthcare providers.

This allows us to look at the case from the other side’s perspective as well and to anticipate which elements of the documentation, course of treatment or communication may become the basis of a claim.

We use this experience not only in conducting disputes, but also in audits, creating procedures and staff training.

Protection against patient claims – prevention and defence

A facility’s legal security does not mean assuming that a dispute will never arise.

Above all, it is about being properly prepared for one.

We help clinics and doctors reduce the risk of claims, respond properly to patient complaints and defend their interests when a case goes before an authority, an insurer or a court.

Depending on the situation, we can take over a single case or provide ongoing legal support to the facility.

Our aim is to prepare the clinic so that, in the event of a dispute, it has the right documentation, clear procedures and the legal support needed to effectively protect its interests.