The law of large numbers applies to many aspects of life, particularly for those who opt for private dental care. As private dental treatment has become one of the most popular forms of private healthcare in Hungary over the past decade, the number of malpractice cases in this field has increased significantly in recent years. But what can a patient actually do if they are dissatisfied with the outcome of dental treatment or if medical malpractice has occurred? What legal consequences arise if the service provided is of poor quality or \u2014 as examples unfortunately show \u2014 the result is even worse than the initial condition? After leaving the dental practice, is it still possible to enforce a claim effectively, and if so, for how long? Can such claims become time-barred?<\/p>\n
In such situations, the injured patient may enforce claims in more than one way, and the merits of those claims must be assessed and substantiated from several perspectives. On the one hand, the validity and successful enforcement of the claim as a legal matter must be examined. On the other hand, because several medical issues may be involved in this specific field, it may in some cases be necessary to involve a dentist or an oral and maxillofacial expert.
\nMedical malpractice may give rise both to a claim for damages and to a claim for non-material damages. It is important to note that, in certain cases, both claims may be justified, since in addition to the actual pecuniary loss, such as loss of earnings, a lengthy, poorly performed or poorly chosen and prepared treatment plan may very often also adversely affect the patient\u2019s previous way of life.<\/p>\n
What forms of compensation are available to the injured patient? As a first step, out-of-court options should be considered, since in cases where there is clear evidence of dental malpractice this is the least time-consuming and most cost-effective route. Out-of-court enforcement usually begins with a lawyer\u2019s letter of demand, which often leads the clinic to cooperate in the swift settlement of the claim, as it is also in the clinic\u2019s interest to resolve claims brought against it as quickly as possible. For this reason, this type of damages claim has one of the highest out-of-court settlement rates where a lawyer is involved. If this does not succeed, the claim may still be enforced without court proceedings by means of a payment order procedure \u2014 in Hungary, before a notary \u2014 provided that the statutory requirements are met. If the defendant who performed the dental treatment objects, however, the matter may proceed to litigation.<\/p>\n
It is also possible to bring proceedings against the clinic without first initiating a payment order procedure or sending a letter of demand, although sooner or later it will most likely become essential to obtain an expert opinion. Even before litigation is commenced, it is worth examining whether the claimant may be entitled to reimbursement of costs. Legal fees may be financed in whole or in part by legal expenses insurance, provided that the insurance company\u2019s contractual terms allow this.<\/p>\n
For the claimant, it is not irrelevant in which country the damage can be claimed and court proceedings can be conducted. As a rule, a claimant seeking to enforce a claim is bound by the defendant\u2019s forum: this means that the action should be brought before the district or regional court at the defendant\u2019s domicile in Hungary. In exceptional cases, it may be possible to sue at the claimant\u2019s place of residence: an Austrian injured party successfully sued a Hungarian dental clinic in Austria because the clinic had placed various advertisements and promotional materials in the federal province where he lived. In very atypical cases, it may also be possible to initiate criminal proceedings alongside civil proceedings, in connection with the offence of negligent endangerment in the course of professional activity. Under this provision, a person commits an offence if, by breaching a professional rule, they negligently endanger the life, physical integrity or health of another person or persons, or cause bodily injury. It should be emphasised, however, that in cases of dental malpractice it is far more common to take civil-law steps.<\/p>\n
It follows from the above that, in cases of dental malpractice, the injured party has several enforcement options available, including claims for damages and non-material damages, although such claims may become time-barred. Our law firm is at your disposal. In this area, please contact our Hungarian attorneys and our European lawyers admitted in Germany.<\/p>","protected":false},"excerpt":{"rendered":"
The law of large numbers applies to many aspects of life, particularly for those who opt for private dental care. As private dental treatment has become one of the most popular forms of private healthcare in Hungary over the past decade, the number of malpractice cases in this field has increased significantly in recent years. […]<\/p>\n","protected":false},"author":29,"featured_media":55746,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[139],"tags":[],"class_list":["post-55745","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-news-en"],"acf":[],"aioseo_notices":[],"aioseo_head":"\n\t\t\n\t\n\t\n\t\n\t\n\t\n\t\n\t\t