In medical matters, one must first of all obtain one’s entire medical file.
Subsequently, prior to submitting the case to the competent court or to the CCI, our firm recommends having the case analysed by a medical advisor specialising in victims of medical errors, therapeutic failures, or nosocomial infections. This doctor will determine whether there is, depending on the case, medical error, therapeutic failure, or nosocomial infection, or even two or three of these events, since a combination is possible.
If the medical advisor considers there are grounds for seeking compensation, then the case should be taken to court or to the CCI. On the other hand, if the medical advisor is of the opinion that there is no case for compensation, our firm recommends that the claim should not be pursued, except in exceptional cases. There is no point in incurring costs if the claim has very little chance of success.
If the medical advisor agrees to go ahead with the claim, the matter will have to be referred to the Court of Justice, the Administrative Court, or the CCI, depending on the case. Regardless of the choice made, the same process will have to be followed. This involves having the Court or the CCI appoint a medical expert to examine the victim, to review their medical records, and to draw up a report.
The victim should be accompanied by their medical advisor when the medical expert is convened.