Doctors can never guarantee of the effectiveness of the procedure.


The more complicated the procedure,  the more difficult the patient is from a diagnostic point of view, the higher the risk of failure. Complications are described in the literature of specialty and are included in most therapeutic measures. Therefore, medical staff cannot be held liable for treatment failure in each case.

The doctor must have a margin of maneuver, otherwise he will not be able to practice his profession at all for fear that his every step may be considered a “medical event”.Recognition of each complication as a medical event will slow the development of the drug and will even lead to a lack of treatment for fear of complications.

So how do you differentiate a treatment-related complication from a medical event? It is impossible to give an exhaustive answer to this question.  Of course, an important factor in reducing the risk of such a hospital liability is that the hospital takes all known and available measures to try to eliminate the possibility of specific effects as much as possible or to eliminate the resulting effects as soon as possible. scene.

Also, a hospital cannot be held liable for not performing all procedures in accordance with the latest innovations, such as technical innovations. You cannot count on the best equipment or the best specialists for each procedure. If approved, the committee will examine whether the patient can be taken to a unit with this capacity and whether treatment at another medical unit can actually affect the patient’s condition.

There are situations in which the transfer of a patient to another institution will give him the chance to recover or recover faster. However, there are also cases in which the patient’s condition does not have a prognosis, and performing a certain service in another institution will not affect the patient’s final health. Determining whether a medical event took place in a particular case is not easy and requires a thorough analysis of the evidence presented by the parties to the dispute. So what does the hospital do to protect itself from floods and lawsuits?

The most important thing is to diligently keep medical records. This is the most objective source of information about an incident, and missing or illegible records have a negative impact on the hospital. In this case, they make it impossible to defend their position effectively. The most important thing is to keep reliable medical records – this is the most objective source of information about the incident.

  • The second aspect is the internal procedures and compliance with the recommendations of scientific societies.
  • These are a convincing argument before the committee that the hospital’s activities were based on current medical knowledge.
  •  It also helps to demonstrate that the patient’s injury was not caused by negligence or inaction, but as a result that could not be objectively avoided despite the utmost care.

The hospital also has the authority to provide witness statements, which are essentially the doctors performing the procedure. Often, the explanations of the participants in the event shed a whole new light on the problem being assessed and allow the members of the commission to understand the reasons for making certain decisions.