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In recent years, the number of cases of medical errors, especially those related to childbirth, has been increasing in Poland. For perinatal errors, we can demand appropriate compensation or compensation. Check how to fight for your rights.
What is a medical error?
Unfortunately, there is no clear definition of medical malpractice (in other words medical or medical malpractice) in Polish law. On a daily basis, however, the judgment of the Supreme Court of April 1, 1955 (reference number IV CR 39/54) is used as a legal provision, stating that medical malpractice is an act (omission) of a doctor in the field of diagnosis and therapy, inconsistent with science medicine within the scope available to the physician.
How many medical malpractice cases are pending in Poland?
According to the data presented by the Association of Patients Primum Non Nocere, approximately 20 medical errors occur in Poland every year. Of which more than a third (37%) are perinatal errors (data for 2011). Medical errors related to childbirth and perinatal procedures are most often: failure to perform appropriate examinations, failure to make a timely decision about caesarean section and, as a result, cerebral palsy in the child, brachial plexus injury, failure to curettage of the uterus and inappropriate delivery of the pregnancy. Unfortunately, in reality, there can be many more such errors, because according to specialists, many of them are not reported at all. Fortunately, however, despite the alarming statistics, more and more people want to fight for their rights, and thus the number of lawsuits filed in the courts is increasing. This is probably due to much better access to information than, for example, a few years ago, and the available help of specialists in the field of compensation for medical malpractice.
Who is civilly liable for medical malpractice?
Many people at the very beginning give up in the fight for compensation or compensation for a medical error because it seems that no one will be held responsible for the harm caused. Meanwhile, the doctor and the hospital where he works are most often responsible. Nurses and midwives are also being sued in the case of perinatal errors. Remember that in order to file a claim for medical malpractice, we must check and make sure that all the conditions are there. That is, whether there was a medical error and damage, and any causal relationship between the error and the damage. Interestingly, the Supreme Court in its judgment of March 26, 2015 (reference number V CSK 357/14) referred to the view existing in the jurisprudence that in so-called In medical malpractice trials, it is not necessary to prove the existence of a causal relationship between the action or omission of the medical facility employees and the patient’s damage to a certain and decisive degree, but the existence of a relationship with an appropriate degree of probability is sufficient.
How do I file a medical malpractice lawsuit?
If a child has suffered as a result of medical malpractice, the claim is filed by parents or legal guardians (statutory representatives) on their behalf. In the worst case, when a child dies as a result of a mistake, the parents are the victims. Then they file a lawsuit on their own behalf. In both cases, however, it is worth using the help of specialists who have many years of experience in the fight for compensation and compensation for medical errors. Unfortunately, medical institutions are often defended by lawyers specializing in such cases and striving to blame the parents, not the hospital. That is why it is good to have equally professional and expert support. Find out more about how to fight for medical compensation