The question of when you can go to court in cases of medical malpractice depends on the individual case. First, you have to answer the question of who are you going to sue. Who will be responsible for the damage caused by the medical event.It is not uncommon for patients or their families to take their first steps to the prosecutor’s office.
The aforementioned “justice” is associated with many people with bearing responsibility for their actions or omissions, and with being punished for them. The most common vision of such a punishment, e.g. for the death of relatives as a result of the negligence of a doctor, is equated with the penalty of imprisonment (imprisonment).Recently, more and more often in the courtroom, next to men in shackles on their arms and legs, you can meet doctors. And so we come to the first case.
The doctor was legally convicted
If there have been criminal proceedings against the doctor and the doctor has been legally convicted, wanting to apply for compensation for the damage, the patient (or his family) has 20 years from the date of the crime. It does not matter when the injured person learned about the damage and about the person obliged to repair it.
It is important that in order to calculate the date by which the patient or his family will be able to file a claim for damages, we take into account the date of the offense. If the criminal proceedings lasted several years, even though the patient seems to have a lot of time, sometimes it may not be available.