If the patient's health was harmed as a result of the actions or inaction of the medical staff, he has the right to file a lawsuit against the health care institution demanding compensation for material or moral damage. The claim for compensation for moral (non-property) damage must state what this damage consists of, what wrongful actions or inactions caused it to the plaintiff, what considerations he used to determine the amount of damage, and what evidence supports this.
Material damage includes two categories: actual damages and lost income opportunities. The first can include expenses that a person had to incur as a result of the injury (for example, the purchase of drugs, a prosthesis, etc.). They can be confirmed and calculated by providing checks or other evidence of the value of the purchased property. The category of lost income opportunities, as a rule, is associated with the loss of working capacity due to a medical error. In this case, the degree of disability and the amount of damages are determined during the forensic medical examination.
Further treatment of a person, which became necessary as a result of an error by the medical staff, can also be reimbursed.