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When does medical negligence occur?
Medical malpractice, also known as medical negligence, occurs when a healthcare professional fails to meet the required standard of care, causing harm to a patient. These cases are among the most complex in civil law, requiring both medical expertise and legal knowledge. In Cyprus, the number of malpractice claims has steadily increased in recent years, with courts awarding increasingly substantial compensation in severe cases. For patients and their families, understanding their rights and the legal process is the first step towards achieving justice.
Every healthcare provider owes a duty of care to all the individuals under their care, and they are expected to act according to the professional standards commonly established by the industry. Therefore, negligence occurs when a healthcare provider acts — or fails to act — in a manner that a competent professional in the same field would reasonably avoid. Moreover, that negligence becomes actionable when it results in damage (whether physical or psychological) that is directly linked to the negligent act or omission. Importantly, a poor medical outcome alone is insufficient to establish malpractice. What matters is whether the professional breached the accepted standard of care.
Typical forms of malpractice include:
- Misdiagnosis or failure to diagnose a condition in time
- Surgical errors, such as operating on the wrong site or causing avoidable injury
- Birth injuries affecting the mother or the child during delivery
- Prescribing the wrong medication or incorrect dosage
- Failing to provide adequate post-operative care, leading to complications or infection
These examples demonstrate that negligence can occur in all fields of medicine, ranging from hospitals to private clinics.
Steps to take if you suspect malpractice
If you suspect that you or a loved one has suffered due to medical negligence in Cyprus, several steps can help safeguard your rights.
- Request a written report and medical records: Patients are legally entitled to a written statement and full access to their medical records. These documents are crucial evidence.
- Ask for a second opinion from another provider, and ask them to issue a report about your current state.
- File a complaint: Submit a formal complaint with the hospital or clinic where treatment was received. This creates an official record of the incident.
- Gather evidence: Keep receipts, medical bills, and evidence of further treatment. Photographs, written notes, or a diary of symptoms and conversations may also be valuable.
- Seek legal advice early: Medical negligence cases have strict deadlines. The limitation period is generally three years from the date of the incident or from when the patient became aware of the harm. Consulting a lawyer early ensures evidence is preserved and deadlines are met.
Compensation in Cyprus
The purpose of a malpractice claim is to obtain compensation (damages) that accurately reflects the losses incurred. Courts in Cyprus consider two primary categories:
- Special damages (economic losses): These include medical expenses, rehabilitation, loss of earnings, and future care costs. If negligence has impaired a patient's ability to work, compensation may cover both past and future income losses.
- General damages (non-economic losses): These cover pain, suffering, and the diminished quality of life caused by malpractice. Serious and permanent injuries typically result in higher awards.
- Punitive/Exemplary damages: These are sometimes awarded to the plaintiff to punish the defendant when the defendant's conduct is not just negligent, but grossly negligent and particularly harmful, to deter others from engaging in similar conduct.
In recent years, Cypriot courts have awarded record sums in catastrophic cases, sometimes exceeding several million euros. A recent change in legislation now requires all practising doctors in Cyprus to carry malpractice insurance, providing greater protection to patients by ensuring compensation can actually be paid.
The legal process in Cyprus
Bringing a claim requires proving both breach of duty and
causation. This usually involves expert medical testimony to
demonstrate that the provider's actions fell below
professional standards and directly caused the harm.
Many claims are settled out of court, especially since recent civil
procedure reforms promote pre-trial negotiations. Settlements can
help alleviate stress and expedite compensation, but when no
agreement is reached, cases proceed through the District Courts.
Trials may be lengthy, but with proper legal representation,
victims can secure a fair outcome.
Why legal guidance is essential
Medical negligence litigation demands an understanding of both law and medicine. For patients, navigating the complexities of expert reports, procedural rules, and negotiations with insurers can be daunting. An experienced medical negligence lawyer in Cyprus can:
- Investigate the incident thoroughly, obtaining medical records and expert opinions
- Ensure claims are filed on time and in compliance with procedural rules
- Negotiate fair settlements with hospitals and insurers
- Represent patients effectively in court when necessary
With professional support, patients are better able to hold negligent providers accountable and to secure compensation that reflects both the financial and personal impact of their suffering.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
