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Civil and legal aspects of compensation for damage caused by the negligence of surgeons

Let’s say you are dissatisfied with the result of the plastic surgery, it does not meet the promise, or your health is damaged.

You have applied to the prosecutor’s office, brought the doctor to criminal responsibility, a fine or arrest.

But the cost of surgical operations on the medical market is significant and is expressed in large sums that you have already paid. In addition, if there are complications, the patient was forced to apply for new paid medical services. To correct the consequences of a medical error, you have spent a new large amount of money with another specialist.

Who will reimburse you for all this?

There is a civil law framework for the regulation of property relations. In order not to stop at forcing a doctor to pay a fine to the state budget, but to obtain

compensation for damage in cash to the patient, you must file a civil lawsuit.

The claim is filed for compensation for material damage. The legal basis is the provisions of Chapter 60 of the Civil Code of the Republic of Armenia.

Thus, when a citizen suffers from a health disorder, he or she must be compensated for the loss of the victim’s income, which he or she received or could have received, as well as additional expenses incurred as a result of the health disorder, including expenses for treatment, additional food, purchase of medicines, prosthetics, nursing care, sanatorium treatment, purchase of special vehicles, preparation for another profession, if it is established that the victim needs these types of assistance and care and is not entitled to their free receipt.

Moreover, the patient has the right to claim compensation for moral damage caused by an unsuccessful operation. According to the Armenian legislation, the concept of moral damage includes physical or spiritual suffering of a person, which has arisen as a result of a decision, action or inaction, encroaching on material or non-material benefits belonging to him/her from birth or by virtue of the law or violating his/her personal property or non-property rights.

That is, when making a claim for compensation for moral damage, patients must prove the existence of – Physical or moral suffering, this factor is the most difficult to prove due to the vagueness of the language of "morality", "suffering" and the lack of clear criticism of it in the legislation

An illegal action (inaction) that violates a citizen’s non-property rights or encroaches on other intangible benefits belonging to him/her.

-Cause connection between illegal action (inaction) and moral damage. The causal connection should be direct. So, for example, if as a result of the operation the patient has suffered damage, the actions of the doctor who directly conducted the operation will be of crucial importance, and not the persons who appointed him to this position or conducting certification of medical workers.

-Guilty of the perpetrator, which may take the form of intent (direct or indirect) and negligence (negligence or frivolity). Legislation sets out the rule on the presumption of guilt of the perpetrator of harm.

Together with the statement of claim should provide copies of certificates, testimonies of witnesses, confirming the amount of damage suffered by you.