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Old 27.09.2020, 20:43
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where can I make a complaint for medical accident

I am a foreigner and holding a Permit B here.

I did a surgery early this year in the clinic recommended by my insurance company (my insurance model is tele-mode). After verifying from different sources, I believe it is the responsibility of the doctoc that left an unnecessary scar on my face. And the doctor's excuse is also a bit racist and unacceptable to me: Because I am Asian, so my skin is more sensitive and that is why there is a scar there.

Is there any legal procedure that I can follow to sue this clinic or what is the best practice I can do? What materials do I need to prepare?

Many thanks
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Old 27.09.2020, 20:45
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Re: where can I make a complaint for medical accident

Suing isn't common here.
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Old 27.09.2020, 20:53
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Re: where can I make a complaint for medical accident

What sort of surgery was it that left you with an "accidental" scar? Surgeries leave scars. Certain skin types show scars worse than others. I have very fair skin and every bruise and scar is super visible on me. My husband has more olive skin and you can't see his scars.

Anyway, this thread has a few links to resources that you might want to check:
https://www.englishforum.ch/family-m...-can-i-do.html
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Old 27.09.2020, 21:02
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Re: where can I make a complaint for medical accident

Any medical procedure that cuts the skin or stitches a wound will likely cause a scar. Get over it!
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Old 27.09.2020, 21:06
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Re: where can I make a complaint for medical accident

Medea is right.

But you can definitely complain with the Ombudsstelle AGZ. That's not the same as suing but a good place to start (and get info, help).

Last edited by curley; 27.09.2020 at 21:22.
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Old 27.09.2020, 21:27
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Re: where can I make a complaint for medical accident

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Any medical procedure that cuts the skin or stitches a wound will likely cause a scar. Get over it!

and if it was this year, then it still has much time to continue to fade.
And yes, it is absolutely correct that some individuals, and also some racial groups, do tend to produce more keloids and scar tissue than others.
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Old 27.09.2020, 21:36
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Re: where can I make a complaint for medical accident

As set out in the other thread, to which 3Wishes linked, sets out, a claim against a doctor is highly unlikely to succeed. Even if it did, the damages/compensation one can get is for actual financial losses/costs one incurred, and not, as is some other countries, a compensation for pain and suffering.

For example:
If a carpenter and her surgeon scheduled a knee operation for a certain date, and the carpenter, being self-employed, planned her work (finished up contracts, declined new jobs) based on that schedule, and then the surgeon made a mistake in his planning, so that the carpenter did the right thing, and checked with the hospital the night before and got confirmation, and then arrived at hospital on the day as planned, but to everyone's surprise the surgeon had gone on holiday and the operation had to be postponed by a week, then the carpenter may, perhaps, be able to demonstrate that she lost that week's income.

But she would not be likely to be awarded any greater sum than that, i.e. no compensation for any kind of affront to her dignity or sense of personhood, nor her reputation and standing before her clients. Such immaterial aspects are typically not compensated in Switzerland.
Likewise, the scar on your face might be the real, reasonable product of an operation. Cuts cause scar tissue. While I feel really sorry for you having a scar on your face (that's awful, and nobody wants that!), the Swiss way of doing things means it is unlikely to be able to gain compensation for the fact that you feel bad about it (and I would, too, if that had happened to me).

If you have any claim at all against the surgeon, I think it would be if you could demonstrate that he used the wrong methods during his work (or performed the wrong operation altogether). To do that, you'd have to be assessed by another surgeon, and possibly a dermatologist, too, and get them to examine you and your medical records and write a criticism of the surgeon's work. Not only would gathering all those opinions be at your own expense, it is also simply not very likely that a doctor would make so bold as to write, outright, that another doctor took poor decisions (if that is, in fact, even the case).

Even if you did manage to obtain such counter-reports, you'd still have to tackle the surgeon who worked on you, directly, with this new evidence. If you chose to do that, you'd have to know clearly what it is, exactly, that you want to ask him to do. He cannot be make to pay you money (if at all) until he has had a chance to try to fix the problem. Do you want him to operate on you again to try to remove the scar tissue? Do you hope that he would pay for you to be operated on by another surgeon to improve upon his mistakes?

I'm sorry you're having a hard time of this. If you do go to a lawyer, these are the kind of questions they would ask you.

Last edited by doropfiz; 27.09.2020 at 22:14.
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Old 28.09.2020, 00:04
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Re: where can I make a complaint for medical accident

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I am a foreigner and holding a Permit B here.

I did a surgery early this year in the clinic recommended by my insurance company (my insurance model is tele-mode). After verifying from different sources, I believe it is the responsibility of the doctoc that left an unnecessary scar on my face. And the doctor's excuse is also a bit racist and unacceptable to me: Because I am Asian, so my skin is more sensitive and that is why there is a scar there.

Is there any legal procedure that I can follow to sue this clinic or what is the best practice I can do? What materials do I need to prepare?

Many thanks
It's not racist to say Asian skin scars more easily. It's just a fact. The cause being a thinner layer of stratum corneum (outer layer of skin).

You shouldn't accuse people of racism so blindly. Asian people are of equal value to European people but aren't identical.
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Old 28.09.2020, 00:18
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Re: where can I make a complaint for medical accident

Do you have legal protection insurance/ Liability insurance, I know mine covers for any legal issues that comes out of health related matters like this.

If you have the insurance, contact the lawyers and they should advise you if you have legal grounds and if you can take the matter forward... to be honest I think you should get compensated for a scar in your face, no one would take this lightly.
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Old 28.09.2020, 00:23
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Re: where can I make a complaint for medical accident

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Suing isn't common here.
LOL,,, only been here a year and a half and often people thread of suing for anything and everything !! In addition I hear many people suing for slander ... in fact someone recently took a vega group admin to court, just because a different member made a comment that offended him, and even though the admin removed the comment, the judge still deemed the admin responsible ...suing here as I see it is a lot more common than any country except perhaps the US
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Old 28.09.2020, 09:29
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Re: where can I make a complaint for medical accident

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It's not racist to say Asian skin scars more easily. It's just a fact. The cause being a thinner layer of stratum corneum (outer layer of skin).

You shouldn't accuse people of racism so blindly. Asian people are of equal value to European people but aren't identical.
This from the Jakarta Post for example.

On the plus side, Asian skin ages more slowly. Which is why up until recently, when my wife was out with my adult children, people thought they were all sisters. And we've had workmen coming to the house asking if her mother is in...
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Old 28.09.2020, 09:51
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Re: where can I make a complaint for medical accident

I think she should ask for compensation, at least to pay for some kind of scar treatment, I am aware there are some kind of laser skin treatment, I have a friend ( Chinese Malaysian) who did this treatment for some acne scars, and the treatment helped a lot almost no scars at all... she went to Malaysia to do the treatment as it was a lot cheaper there ....
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Old 28.09.2020, 10:04
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Re: where can I make a complaint for medical accident

IlikeEscooter, you really have to understand this is a very different system from what you might be used to.

The concept of malpractice as it is known in some countries really does not exist in the same way here.

Please read the other thread on the subject to help you set your expectations. Pursuing this will cost you, both in time and treasure. You need to understand what you are up against to decide if this battle is worth it.

Understand that compensation, even when a series of egregious mistakes are made (as describe in one of the posts in the thread linked), is not the norm because the patient's health insurance generally covers subsequent treatment needed.

You have to approach this with that mindset.

The best advice is here:

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But you can definitely complain with the Ombudsstelle AGZ. That's not the same as suing but a good place to start (and get info, help).
Starting with the Ombudstelle is a good idea. They will help you understand how complaints are generally handled and help you set your expections from there.

Last edited by meloncollie; 28.09.2020 at 10:27.
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Old 28.09.2020, 10:10
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Re: where can I make a complaint for medical accident

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I am a foreigner and holding a Permit B here.

I did a surgery early this year in the clinic recommended by my insurance company (my insurance model is tele-mode). After verifying from different sources, I believe it is the responsibility of the doctoc that left an unnecessary scar on my face. And the doctor's excuse is also a bit racist and unacceptable to me: Because I am Asian, so my skin is more sensitive and that is why there is a scar there.

Is there any legal procedure that I can follow to sue this clinic or what is the best practice I can do? What materials do I need to prepare?

Many thanks
What kind of compensation do you actually want?
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Old 28.09.2020, 10:12
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Re: where can I make a complaint for medical accident

First off: It is not that difficult to improve the appearance of a scar, especially one that is still relatively fresh. Older scars are harder to treat, as are keloid scars, something that more strongly melanated skin is often prone to.

I very much doubt that the doctor was implying that the didn't feel he needed to take care because there would be a scar anyway. Unless you were both speaking in your native language, I think that they were stating a fact, which is that Asian skin is likely to scar more noticeably, regardless of how careful you are. As for suing over this, I don't think you will achieve the result that you are looking for and it certainly won't help with the scarring.

Instead of being antagonistic, maybe try getting in touch with the doctor amicably and asking them for help in improving the scar. There are specialist silicone plasters that can help and it may be possible to have something like this included as part of your aftercare. If that is not an option, you can buy scar cream (for example, this one from Bepanthen ) or scar plasters (like these ones from Hansaplast). Also remember to wear at least factor 50 SPF at all times and to massage any product in really well to help the scar heal well. Make sure you get plenty of collagen in your diet too as that helps your skin stay plump and produce the building blocks it needs. Some people may challenge that last statement, results may vary, however, I have found it to be helpful for myself and there are plenty of cases who say the same.

If that doesn't deliver a satisfactory result, microneedling really works to reduce scarring. This usually does not work well for keloid scars but for fairly superficial and neat scars like the one I imagine you to have, it will be great. For legal reasons, I will recommend that you have this done professionally as DIY attempts can leave you with nasty results if you don't do it properly with the proper equipment.

If you choose to go down that route, I can recommend Dr. Barbara Theler in Horgen. Although her website is in German, she speaks excellent English and has been my dermatologist for many years now, even though it is an almost two hour round trip for me to go and see her.

As a long-time acne sufferer, I sympathise with how upsetting it can be to have a scar on your face. However, I don't think that getting angry at a doctor for doing their job is going to be much help here. You will probably only end up with grey hairs and wrinkles to boot! Not that those are inherently bad things, aging gracefully is beautiful, it's just better to have your lines come from laughing than from being angry.
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Old 28.09.2020, 10:41
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Re: where can I make a complaint for medical accident

Hey, chicks dig the scars. You could always say it´s from a sword fight you got during your Student days.
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Old 28.09.2020, 11:13
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Re: where can I make a complaint for medical accident

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Hey, chicks dig the scars. You could always say it´s from a sword fight you got during your Student days.
I was quite disappointed when the scar on my throat from spinal surgery faded after ten years or so. It was really impressive at first. I'd say "I cut myself shaving... with a machete". Or of course "You should see the other guy.".

But to be fair I guess it depends on where the scar is and the extent to which your looks affect your self-esteem. I've never been pretty so I didn't care.

I guess the OP might be liable to some form of compensation if he/she got an unnecessary scar on the face while having a knee operation for example.
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Old 28.09.2020, 11:21
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Re: where can I make a complaint for medical accident

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I am a foreigner and holding a Permit B here.

I did a surgery early this year in the clinic recommended by my insurance company (my insurance model is tele-mode). After verifying from different sources, I believe it is the responsibility of the doctoc that left an unnecessary scar on my face. And the doctor's excuse is also a bit racist and unacceptable to me: Because I am Asian, so my skin is more sensitive and that is why there is a scar there.

Is there any legal procedure that I can follow to sue this clinic or what is the best practice I can do? What materials do I need to prepare?

Many thanks
It can be fixed, right? You can work with doctor #1 towards minimizing the scar or get a 2nd opinion.

What you mean by verifying from different sources? A plastic surgeon, a dermatologist or Wikipedia? Get first a 2nd advice from other doctor. Some insurance plans cover 2nd opinions, others don't, so check this too.
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Old 28.09.2020, 11:27
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Re: where can I make a complaint for medical accident

Go to a pharmacy (in germany) and buy Freiöl, works wonders with scars. Or ask in a Swiss pharmacy, there are several excellent products to lessen the scars. And out of experience, it takes a long long time (have one in my face as well and you cannot notice it much anymore)
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Old 28.09.2020, 11:41
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Re: where can I make a complaint for medical accident

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I was quite disappointed when the scar on my throat from spinal surgery faded after ten years or so. It was really impressive at first. I'd say "I cut myself shaving... with a machete". Or of course "You should see the other guy.".

But to be fair I guess it depends on where the scar is and the extent to which your looks affect your self-esteem. I've never been pretty so I didn't care.

I guess the OP might be liable to some form of compensation if he/she got an unnecessary scar on the face while having a knee operation for example.
I always tell people that the scar on my cheek came from a drunken night where I was shaved with a broken beer bottle in a dark and seedy bar in a backstreet of Montevideo by an tattooed ex-con with one eye and only three fingers.
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