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Lawyer for Patient Rights: Competent Consultation for Disclosure, Treatment, and Therapy Errors
Legal regulations and provisions can be found in both private law and public law. The latter varies from canton to canton. Case law also plays a crucial role. This makes it difficult to keep an overview. Legal laypersons, experiencing a particular stressful situation as affected parties, quickly feel overwhelmed. A lawyer for patient rights advocates for them.
As a patient, you have the right to adequate disclosure and consultation. You are entitled to expect careful, qualified treatment and must consent to diagnostic and therapeutic measures. Doctors and hospitals are obliged to preserve your integrity and dignity and respect your right to physical self-determination. A lawyer for patient rights stands by your side when these rights are disregarded.
Below are some key situations in which the expertise of a lawyer in the field of patient rights is crucial:
- Consultation on disclosure, treatment, and therapy errors: A lawyer can assist you in evaluating disclosure, treatment, and therapy errors and inform you about your rights.
- Evidence of treatment errors and their damages: By collaborating with a lawyer, you can document treatment errors and prove possible damages.
- Correspondence with doctors, hospitals, and insurance companies: The lawyer can act as a mediator between you and medical facilities as well as insurance companies to represent your concerns appropriately.
- Assertion of claims: In case of proven treatment errors, a lawyer can help you enforce your claims against the responsible parties and obtain appropriate compensation.
- Out-of-court settlement: Negotiations outside the courtroom can be effectively conducted by a lawyer to achieve a fair and acceptable settlement.
- Lawsuit and representation in court: If an out-of-court settlement cannot be reached, a lawyer is available to represent you in court and effectively advocate for your interests.
The support of an experienced lawyer in the field of patient rights can help you protect your rights and take appropriate action against possible treatment errors, whether through out-of-court negotiations or in court.
Frequently Asked Questions about Patient Rights
As a patient, you have the right to comprehensive information about your diagnosis, treatment options, risks, and side effects. You also have the right to choose your doctor freely, consent to medical procedures, data protection, and access to your medical records.
If you are unhappy with your medical treatment, you can first discuss it with your doctor. If you cannot find a satisfactory solution, you have the right to seek a second opinion and can also contact a patient advisory service or complaint center.
An advance healthcare directive is a personal statement of will that comes into effect when the author is no longer able to express their wishes freely due to illness or accident. This right to self-determination through a written directive is anchored in the Swiss Civil Code (SCC) in Article 370. In an advance healthcare directive, a person's wishes regarding the refusal or discontinuation of treatments or life-sustaining measures can be recorded as long as they are still capable of making judgments.
Advance healthcare directives primarily contain treatment instructions that are generally binding for the treating physicians. However, it can also serve to designate a representative who can make decisions about your medical treatment on your behalf.
Advance healthcare directives and proxy directives allow you to specify in advance which medical measures you wish to accept or refuse in the event of incapacity to make decisions. They are important instruments for self-determination and respect your autonomy as a patient.
An advance healthcare directive is binding, meaning that the treating physicians are obligated to consider the patient's expressed will in the directive. If there is no advance healthcare directive and no relatives are available, the treating physician decides which therapeutic measures they consider appropriate for the patient (Article 377 SCC).
However, if an advance healthcare directive exists, both the physicians and the relatives are obliged to accept it and follow the instructions contained therein. There are exceptions, however. If the provisions of the advance healthcare directive violate the law or if there is suspicion that the directive was created under duress or out of ignorance, the physician may decide not to follow the advance directive (Article 372 SCC). In this case, however, they must inform the patient's representative or, if there is no representative, the patient's family.
A lawyer for patient rights represents the interests of patients in legal matters in healthcare. This includes advising on patient rights, clarifying treatment errors, enforcing compensation claims, and representing clients in court. Their goal is to ensure that patients are treated fairly and justly, and that their rights are protected.
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