Suspicion of treatment error: “The burden of proof rests entirely on the patient.”

What rights do I have if I feel worse than before after surgery or treatment?
There is no right to successful medical treatment in Switzerland. There is always a risk that therapy or surgery may not help recovery. Patients must sign a consent form before each procedure. With this agreement, they agree to cover the risks and expenses that may arise from this themselves or to have their health insurance companies pay. I am only entitled to financial compensation if the treating doctor breaches his duty of care and this causes harm to my health.

How can this be proven?
As a patient, I need to be able to prove that the doctor made mistakes that he could have avoided. The burden of proof rests entirely with the patient. But the problem is that legally proving an effective treatment error is very time-consuming and costly.

From where?
For errors to be proven, the patient must be able to see all treatment documentation. Information should be as complete as possible. You need the entire patient file: doctor’s reports, medical examination results, and medication prescriptions. If necessary, various medical and legal examinations are required at different hospitals and doctors, depending on where the patient is being treated. These tasks are unlikely to be completed without an attorney or legal advisor.

What costs should a patient expect?
Even a small report can cost several thousand to ten thousand francs. Many patients are afraid of this route because they will bear all the expenses if the report turns out to be against the patient.

How can these costs be avoided?
By obtaining legal protection insurance that includes patient protection. This minimizes additional costs for patients – but only if insurance is taken out before damage occurs.

What advice would you give to patients undergoing surgery or treatment?
It is worth investigating what forms of treatment are possible and what results you can hope for. If you are unsure about the diagnosis you should get a second opinion. In general, it is useful to ask questions at doctor appointments and, if possible, take someone with you who can think on your behalf. You can also talk to people who have or have experienced similar health problems.

Which Are diagnostic and treatment errors particularly common in Switzerland?
There is no monitoring in Switzerland and reports and data are not collected centrally. It is even more important that suspected or actual misdiagnoses and treatments are reported to the hospital, family doctor or regional patient centre.