Best Medical Malpractice Lawyers in Marijampolė

About Medical Malpractice Law in Marijampolė, Republic of Lithuania

Medical malpractice in Lithuania refers to harm to a patient that results from substandard health care services, such as a diagnostic error, treatment mistake, surgical injury, medication error, inadequate aftercare, or a failure to obtain informed consent. People in Marijampolė may pursue compensation when negligent actions or omissions by health care providers cause injury, worsen a condition, or lead to wrongful death.

Lithuania uses a civil law framework for malpractice claims. Most disputes begin with an out-of-court application to a special commission under the Ministry of Health that assesses patient injury and attempts to resolve compensation claims. If the outcome is unsatisfactory, a civil lawsuit in court may follow. Health care institutions generally carry mandatory civil liability insurance, so insurers often participate in negotiations and payouts.

Patients have rights to information, informed consent, access to medical records, and respectful, safe care. These rights apply across Lithuania, including in Marijampolė, whether the care is provided by public or private facilities.

Why You May Need a Lawyer

Medical malpractice matters are complex. A lawyer can help you understand whether the care you received fell below accepted professional standards and whether the negligence caused your injury. They can obtain and analyze medical records, secure expert opinions, and identify liable parties such as the health care institution and its insurer.

Legal deadlines are strict. A lawyer ensures timely filings with the patient injury commission and, if needed, the court. They also manage communications with insurers, assess the value of your claim, negotiate settlements, and represent you in hearings. If there are parallel processes such as internal hospital reviews or complaints to oversight bodies, a lawyer can coordinate these without jeopardizing your compensation claim.

If you face language, cost, or health barriers, an attorney can help you apply for state guaranteed legal aid, arrange medical expert evaluations, and protect your privacy and data. In serious injury or wrongful death cases, professional representation is especially important to prove causation and quantify long-term losses.

Local Laws Overview

Patient rights and compensation are primarily governed by the Civil Code of the Republic of Lithuania and the Law on the Rights of Patients and Compensation for Damage to Their Health. Key points relevant to people in Marijampolė include the following.

Pretrial commission procedure. Before going to court, patients usually must submit an application to the Patient Injury Assessment Commission under the Ministry of Health. The commission reviews medical documents, may seek expert opinions, and issues a decision on whether injury occurred due to improper health care and whether compensation is warranted. If either side disagrees, they may bring the case to court.

Limitation period. The general statute of limitations for civil claims is three years from the day you became or should have become aware of the damage and the liable person. Calculating this deadline can be complex in medical cases, so prompt legal advice is recommended.

Liable parties. Claims are typically brought against the health care institution that provided the service. Institutions bear responsibility for their staff under vicarious liability rules. Insurers are involved because health care providers must carry civil liability insurance.

Evidence and experts. Patients must prove improper care, causation, and damage. Expert medical opinions are often crucial. The Lithuanian Forensic Medicine Service and other certified experts may be asked to evaluate the care and the injury.

Informed consent and information. Health care providers must give clear information about diagnosis, treatment options, risks, and alternatives. Written consent is usually required for invasive procedures. Failure to obtain proper consent can itself be grounds for a claim.

Access to records. Patients have the right to receive copies of their medical records and to correct inaccuracies. Timely access supports both the commission process and any later court case.

Compensation. Recoverable damage can include medical expenses, rehabilitation costs, lost income, future care, and non-pecuniary damage for pain, suffering, and loss of quality of life. Lithuania does not provide punitive damages, and awards are tailored to the circumstances.

Court process. If the commission outcome is unsatisfactory, you may file a civil claim in the court of general jurisdiction. Venue is typically based on the defendant health care institution. Appeals follow the ordinary court hierarchy. Court fees and costs are regulated by law, and fee deferrals or reductions may be available.

Criminal and disciplinary aspects. In rare cases of gross negligence or unlawful conduct, criminal liability or professional disciplinary proceedings may run in parallel. These do not replace your civil claim for compensation.

Frequently Asked Questions

What counts as medical malpractice in Lithuania?

Medical malpractice occurs when a health care provider fails to meet accepted professional standards and that failure causes patient harm. Examples include delayed or missed diagnosis, wrong-site surgery, prescription or dosage errors, failure to monitor, and lack of informed consent. A bad outcome alone is not malpractice unless it results from substandard care.

How do I start a claim in Marijampolė?

Collect your medical records and any evidence of harm, then submit an application to the Patient Injury Assessment Commission under the Ministry of Health. The application should describe the treatment, what went wrong, the injury suffered, and the compensation you seek. A lawyer can prepare and file this for you and manage communications with the provider and its insurer.

Is the commission process mandatory?

In most medical injury compensation cases, you must first apply to the commission before filing a court lawsuit. If you or the provider disagree with the commission decision or if no decision is issued within the statutory timeframe, you may proceed to court.

What is the deadline for filing?

Generally, you have three years from when you knew or should have known about the injury and the liable party. Some situations affect when the clock starts, such as when complications emerge later. Speak to a lawyer promptly to preserve your rights.

Who can be held liable, the doctor or the hospital?

Claims are usually directed at the health care institution that provided the service. The institution is responsible for its employees. In practice, the institution and its civil liability insurer handle compensation. Individual practitioners may be named in specific circumstances, but institutional liability is the norm.

What compensation can I receive?

You may claim pecuniary losses such as treatment costs, medications, rehabilitation, assistive devices, travel for care, lost income, and future care expenses. You may also claim non-pecuniary damage for pain, suffering, and loss of life enjoyment. There are no punitive damages. The amount depends on the severity of harm and the evidence presented.

Do I need expert medical opinions?

Yes, expert evidence is often decisive. Experts assess whether care fell below professional standards and whether that failure caused the injury. Your lawyer can help secure appropriate experts and prepare questions for expert review.

How do I get my medical records?

You have a legal right to access and obtain copies of your medical records from the health care provider. Make a written request and keep proof of submission. Providers must respond within the deadlines set by law and may charge only reasonable copying fees.

How long will the process take?

The commission aims to decide cases within a few months, though complex matters can take longer. If the case goes to court, the timeline depends on court workload, the need for expert examinations, and whether settlement is reached. Many cases resolve within 12 to 24 months, but serious or contested cases can take longer.

What if the provider is private or outside Marijampolė?

The same legal framework applies to public and private providers across Lithuania. Venue and the appropriate authorities depend on where the provider is located and where services were rendered, but your rights and procedures remain the same.

Additional Resources

Patient Injury Assessment Commission under the Ministry of Health - handles out-of-court review of compensation claims for injuries caused by health care services.

State Accreditation Service for Health Care Activities - oversees licensing and quality of health care providers and may review complaints about service quality and safety.

National Health Insurance Fund and territorial patient funds - provide information on covered services, referral rules, and how to address billing or access issues arising from treatment.

Lithuanian Forensic Medicine Service - conducts medical expert examinations that are often used as evidence in malpractice cases.

State Guaranteed Legal Aid Service - offers primary and secondary legal aid, including representation for eligible individuals based on income and case merits.

Patient advocacy groups, such as the Lithuanian Patients Forum, can help with navigating the health system, understanding patient rights, and finding support.

Next Steps

Write down a clear timeline of what happened, including dates, names of providers, medications, and symptoms. Note any witnesses and keep a pain and recovery journal.

Request complete copies of your medical records and imaging from all providers involved. Store them in one place and do not alter originals.

Consult a lawyer experienced in medical malpractice in Lithuania as soon as possible. Ask about deadlines, the strength of your case, needed experts, and expected costs. If you qualify, apply for state guaranteed legal aid.

Prepare and file an application with the Patient Injury Assessment Commission. Your lawyer can draft the application, attach evidence, and coordinate medical expert reviews.

Notify the health care institution and its insurer of your claim. Do not sign releases or settlements without legal review.

Follow medical advice for your recovery and obtain second opinions if needed. Updated medical documentation strengthens both causation and damages.

If the commission decision is unsatisfactory, evaluate settlement options and, if appropriate, file a civil lawsuit within the applicable time limits.

This guide is general information only and not a substitute for tailored legal advice. Laws and procedures can change, and each case is fact specific. Seek professional counsel to protect your rights.