Recourse action: the damage caused to a business concern by the absence of a staff member who is a victim of medical malpractice

A business can sue for the recovery of the financial damage it suffers as a result of the absence of a member of its staff (an employee, a director, a working partner) who is a victim of medical malpractice.

The lawsuit is brought against the party held liable for the injuries or death of the firm’s member of staff and in these particular cases that party has to be specifically identified (meaning that an action cannot be brought generically against the medical facility concerned).

The damages that can be claimed are:

• the salary or part of the salary paid to the staff member during his/her injury-related absence;
• the national health and pension contributions required of employers paid to the relevant institutions in respect of the staff member during his/her injury-related absence.
• loss of turnover in consequence of the staff member’s absence.