Medical Malpractice Injury in Cyprus
Medical malpractice Injury is a false, negligent or insufficiently professional treatment by a doctor that has caused you an injury or aggravated your condition or unnecessarily incurred costs, pain, suffering, etc. (for example, due to a misdiagnosis, unnecessary treatment …)
When a patient comes to a doctor, he expects a high level of care, professionalism and excellent knowledge of his specialty. However, mistakes are possible that will have unpleasant consequences for you and those around you.
A medical negligent action can stigmatize you and change your life forever. Financial compensation cannot fix an injury or change your health, but it can help you get the support you need to live a normal life or make changes to your environment so you can enjoy it the best you can every day.
Claiming compensation is in no way a retaliatory act against your doctor or clinic, as the goal is not to “punish”, but to make full restitution to you.
To find out if your case is medical malpractice, fill out the Compensation Claim Form and we will review your details, free of charge, and then inform you about your chances of success.
Doctor’s Duty towards a patient in Cyprus
According to Cyprus case law, Cyprus Courts established some guidelines as for duties of a professional doctor. Briefly the guidelines refer to Medical Malpractice in case where the patient is able to prove:
- That there was a relationship between the patient and the doctor at the time of the injury, i.e. the doctor had a legal obligation to treat the patient (for example, when you visit a doctor in the office/clinic/hospital where he works and undertake to treat you. It is his normal duty to treat you , but also his civil responsibility to provide proper care. The relationship between the patient and the doctor and the negligence of the doctor is difficult to prove)
- Negligence or omission from behalf of a physician. The patient will have to prove that the doctor violated his duty of care by providing evidence that the doctor’s actions were not in line with what was found to be satisfactory by the court.
- Causing damage. The patient must prove that, due to the actions of the doctor, his health has deteriorated or that he has suffered any other specific damage.
- If the Physician acted in accordance with the tactics / method adopted by the responsible medical personnel, then he cannot be guilty of negligence, regardless of whether other medical personnel use a different method of treatment.
- When a doctor believes that there is little chance that something will go wrong with a particular treatment/surgery, he cannot be guilty of medical malpractice because he did not inform the patient of these chances.
- When a patient pleads medical malpractice because he was not warned about the possible consequences, he must prove that if he had been warned, he would not have taken this treatment (i.e. we are logically considering how serious risk relative to what would have happened had he not followed this treatment)
We have concluded that the Law establishes several criteria that must be met in order to prove medical negligence. However, most of the cases we take on are clear and compensation is provided fairly quickly and without going to court.
Hint: Our Office works with No Win No Fee concept. Read down below for more info.
Common Examples of Medical Malpractice
Below we list some of the forms that medical malpractice can take, but this does not mean that we do not engage in any other types of medical malpractice not listed below.
Misdiagnosis:
When a mistake is made that leads to a misdiagnosis/problem, the results can be tragic. Misdiagnosis can take many forms, for example:
- Failure to Diagnose: This is when the physician fails to diagnose a disease/condition that he or she could have diagnosed had the appropriate action been taken.
- Delayed diagnosis: this is when a problem is discovered after it has progressed and worsened (it must be logically proven that the doctor could reasonably have diagnosed it earlier).
- Misdiagnosis: The patient is being told of a disease/condition that they do not suffer from and this may lead to incorrect treatment.
- It is important to make amends for medical malpractice so that the patient can make amends for the damage caused, whether it be pain and suffering, financial in nature, or deterioration in their health.
For example, in a recent decision, the Court awarded an amount of EUR 73,690 (EUR 35,000 in general compensation and EUR 38,690.51 in special compensation) following the negligence of the Famagusta General Hospital for correctly diagnosing the health condition of a 19-year-old girl who visited the department emergency care. The misdiagnosis led to a ruptured appendix and the formation of a peritoneal abscess, further worsening her condition and putting her own life in immediate danger.
Cases like the one above are the most common because emergency departments in all hospitals tend to lack adequate staff, equipment, and sometimes fall short of the expected level of care.
Mistakes during a surgery:
Mistakes made during surgery can change a person’s life forever, causing irreparable damage, causing them pain and suffering, delaying their recovery, and exposing them to unnecessary expense and loss of time and, as a result, loss of income. No one expects that after surgery there will be more injuries or worse than before.
Emphasize that the category of operations also includes plastic surgery for aesthetic reasons.
The process of realizing that someone has been the victim of surgical negligence is tricky as the doctor will probably not reveal it and will try to convince you that everything went well or that it is completely normal, etc.
If you or a loved one has had surgery, you are probably upset. No one expects to leave the operating room with new injuries. If you have such a suspicion, you should contact us to investigate this fact and refer you to our own expert to determine if a mistake has been made.
Surgical errors can occur for a variety of reasons, including physician overwork, faulty equipment, or even insufficient training.
But regardless of the reason why the mistakes made can lead to what often remains a traumatic experience and irreversible trauma.
While a surgical error can lead to injury in many ways, here are a few examples that could have happened to you:
- Unnecessary operation of the patient (if there was a better method of treatment)
- Wrong method of operation leading to scars or severe amputations.
- Wrong dose of anesthetic that harms the patient.
- Internal injuries such as open wounds, holes in vital organs.
- Misinformation or lack of information without fully explaining the complications, risks, or recovery times that result in the patient being injured during recovery.
- Infections caused by contaminated equipment.
- Removal of an organ without the permission of the patient (unless absolutely necessary)
- Outcome different from agreed/expected (applies to plastic surgery for aesthetic reasons)
In a recent court decision, a patient who visited Apollonia Private Hospital was incorrectly diagnosed with prostate cancer and underwent surgery. He received a compensation of the amount of 73,000 euros (70,000 euros general compensation and 3,023.63 euros special compensation) for the operatio
Pregnancy Malpractice:
Certainly, one of the happiest moments in a person’s life is the moment when his child is born, but at the same time it would be one of the worst moments in his life if something happened to his child at the time of birth or later because of it. for medical negligence.
During childbirth, both the mother and the newborn are very vulnerable, so the slightest mistake or negligence can cause serious complications. Also, the negligence of a doctor can affect the period before childbirth, that is, during pregnancy.
If this type of incident happened to you, then most likely you are entitled to compensation and / or benefits from the state. Our organization takes care of your case absolutely FREE of charge and without any obligation on your part. Fill the Compensation Claim Form at the bottom of this page to proceed with your case.
Here are some common examples of mistakes made during pregnancy:
- Failure / omission in the diagnosis of the condition before or after childbirth.
- Too much pressure on the baby during labor.
- Failure to prevent and control maternal bleeding.
- The physician’s inability to make the decision to perform an emergency caesarean section if necessary.
- Improper use of tools (suction cup – tongs).
These errors can lead to:
- Pre-eclampsia: This is a disease that usually affects women in the second half of pregnancy after 20 weeks. If the disease is not diagnosed, then both mother and child are at high risk.
- Hematopoiesis: A collection of ruptured blood vessels in the periosteum, which is the tissue that covers the skull, can be fatal or cause permanent disability.
- Placental abruption: Placental abruption is a serious condition in which the placenta separates from the wall of the uterus, causing pain, bleeding, and contractions. It also poses health risks to the unborn child, such as premature birth, developmental problems, and even death (stillbirth). In any case, it’s definitely not the doctor’s responsibility, but the doctor’s responsibility, if a detachment occurs, is to properly diagnose it and take appropriate action. If he fails to make a diagnosis, then he is working on medical negligence.
- Spinal cord injury: This birth injury is often the result of medical negligence. Doctors may need to speed up a difficult birth if the umbilical cord is compressed and the baby cannot breathe. Improper stretching and twisting of the baby during such a rushed birth can cause permanent nerve damage. Using a suction cup and/or forceps to rotate or pull the baby out of the birth canal can also damage the spine.
Skull Fractures: Improper use of the instrument can also lead to skull fractures. They cause internal bleeding in the brain and can be fatal.
There are countless examples, so do not delay and send us all the necessary information as soon as possible using the application form. We will review your case absolutely FREE and contact you.
Dentist Malpractice:
Pleasant results are usually expected from a visit to the dentist. However, minor and sometimes serious injury can result from the negligence of a dentist.
Below you can read some examples and if you have had any of these incidents or anything similar, please contact us immediately using the compensation claim form to find out absolutely FREE of charge if you are eligible for any compensation.
Dental malpractice refers to any treatment by a dentist that is not up to the level expected and has caused you injury. This includes experiences such as:
● Misdiagnosis or late diagnosis (eg oral cancer).
● Errors in aesthetic dentistry (cleaning, whitening, etc.)
● Removal and/or damage to the wrong tooth.
● Nerve injury in the mouth.
● Scars on the face and/or gums.
● Any other damage to teeth or gums.
What to do after an injury took place
The following steps will help us improve our chances of success in our compensation claim, so it is important that they be followed in the event of injury or other damage resulting from the physician’s negligent act or omission.
KEEP RECORDS of conversations with the doctor at all stages (from the first and all visits). Ask him about the implications his therapy might have for you, successes and failures, alternatives, and other information you may need.
REQUEST COPIES OF MEDICAL DATA from a doctor or hospital/clinic. Medical records may include a diagnosis, prescriptions, a consent form, x-rays, blood tests, a medical report detailing treatment, a hospital/clinic discharge if you have been hospitalized.
MAKE A REPORT WITH THE POLICE and ask for a confirmation letter of your report, this will help the investigation and make our process official while the police may find supportive evidence for our Claim.
CREATE A CALENDAR in which you will describe in as much detail as possible how you feel after the injury, the difficulties you face, changes in your daily life, mentioning dates, people who witnessed any events. This will help calculate compensation.
BE CAREFUL WHAT YOU SIGN If you are given any document that could be consent in writing for some type of surgery or other treatment, make sure that it does not mention anywhere a disclaimer of liability for any damage caused to you. Otherwise, you will not be able to claim compensation.
TAKE PHOTOS AND VIDEOS before and after treatment to show your injuries. Also keep receipts for any expenses you incurred as a result of your injury, as well as proof of loss of income, changes to the home, equipment purchases, etc.
CONTACT US AS SOON AS POSSIBLE So we can help you step by step to complete the process. Also, if necessary, we must refer you to our doctors to get their opinion / testimony.
How is compensation for Injury calculated in Cyprus
Physical injuries and moral/emotional damage are not countable and are determined by the individual circumstances of each case. To be more specific, here are a few factors that will help us determine financial losses.
• any expenses you had to pay as a result of your injury
• any damage to your property
• any travel expenses
• any other medical expenses (medicine, nurse, etc.)
• changing your home, car, or other places so you can be available to you after your injury
• loss of earnings at the time you were injured, and loss of future earnings if the injury results in permanent disability
• loss of pension rights if you are unable to work again after an injury.
Personal Injury Lawyers in Cyprus
Our Law Office handles cases in all cities of Cyprus. Our priority is to secure the highest possible compensation for you and in a reasonable time, without inconveniencing you.
The process starts with submitting a claim to the insurance company, the insurance company will usually make a lower offer and in case you are happy with the amount, only then will we settle out of court.
Otherwise we will proceed with taking legal measures and claiming compensation through Court Action against the Insurance Company and/or the driver.
NO WIN NO FEE
AVZ Law Office works with No Win No Fee Concept, meaning you won’t have to pay any legal fees or any other fees for making your compensation claim. Our Office only gets paid if we Successfully recover the damages you are entitled to. After that we will keep a small percentage of 5% of the compensation amount to cover the costs of the procedure.