What was the highest compensation for a medical malpractice in Poland?

In 5, a former patient of a Warsaw hospital received PLN 2014 million in compensation. The case dragged on for ten years in total. As a result of a medical error, the woman was infected with salmonella, which wreaked havoc on her body

  1. 15 years after the ill-fated surgery, the sentence was passed in the case of Dr. Mirosława G. During the procedure, the cardiac surgeon left a piece of gauze in the left ventricle of the patient’s heart. The doctor was sentenced to a suspended six-month prison sentence and a fine
  2. Annually, there are several thousand lawsuits related to medical malpractice in Poland. They are often very long
  3. Compensation amounts to even several million zlotys. Grażyna Garboś-Jędral received the most for permanent damage to health as a result of a number of medical errors
  4. More information can be found on the TvoiLokony home page

Ruined health in the hospital

Grażyna Garboś-Jędral was admitted in 2004 to the Central Teaching Hospital at ul. Banach in Warsaw with a heart attack. However, she stayed there for four months. She left it with ruined health, a certificate of inability to “exist independently”, and was awarded the XNUMXst disability group.

– Soon after the surgery, I got terrible pains for which nothing helped. It turned out that about 1 percent. people who have had a heart attack experience such pains. This is called intercostal neuralgia. Doctors decided to perform an analgesic block of intercostal nerves – she later told Gazeta.pl.

It turned out that during the blockage, food salmonella was implanted in her spine. As a result, an epidural abscess developed, the spine was irretrievably damaged (it was necessary to remove three vertebrae), leg paresis appeared, and persistent problems with defecation and urination appeared.

5 million in damages

This is not the end of negligence on the part of the hospital. The list of medical errors also included damage to the mucosa of the large intestine during the enema procedure (further operations were necessary, the woman has a permanently damaged gastrointestinal tract and libido) and two operations without the patient’s consent.

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Garboś-Jędral, who previously worked as a solicitor at the same hospital, appealed the facility. The case dragged on for eight years. In 2012, the District Court in Warsaw awarded her PLN 5 million in damages and damages. The hospital appealed to the Court of Appeal. The latter finally settled the matter in 2014. He stated that it was as a result of doctors’ mistakes and negligence of the hospital that the woman suffered permanent health impairment.

Ultimately, the hospital at Banacha Street was to pay one million zlotys in compensation with interest calculated from September 2005 and PLN 6. monthly pension calculated from 2005. It gave a total of PLN 5 million in damages and compensation.

Millions for mistakes in childbirth

In 2018, a judgment was passed regarding mistakes made in a delivery room in one of the hospitals in Warsaw. During the delivery, the CTG record deteriorated, the doctor on duty suggested a caesarean section, but his supervisor decided that the delivery would take place naturally. The child was born several dozen minutes later, in a state of death. As a result of an error, she was disabled, the now teenaged girl is not independent and has no contact with her.

By the decision of the District Court, the hospital was to pay PLN 400. PLN compensation and pay the child 4,4 thousand. PLN annuities. In addition, the mother awarded 70. PLN, and for the father – 30 thousand. zloty. The Court of Appeal in Warsaw increased compensation for a child to PLN 1,2 million, and compensation for a mother to PLN 300. PLN and for the father – up to 200 thousand. zloty. The Supreme Court upheld these amounts. In total, it gave over PLN 3 million in compensation for the child and parents.

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A slightly smaller, but also high amount was awarded in the case of errors in the birth of Monika in the hospital in Brodnica in 2009. As a result of negligence, the child’s brain was damaged, he developed a quadriplegic cerebral palsy. The girl has epilepsy, gastroesophageal reflux disease, vision problems, is unable to control her physiological functions and is unable to eat independently.

The verdict was handed down in January this year, and it became final in March. The hospital and the insurer were to pay PLN 1 million in compensation with interest from 2015, PLN 312 thousand. PLN the cost of existing childcare, over 23 thousand. PLN reimbursement of part of the procedural costs and 5 thousand. PLN 540 monthly pension with compensation for previous years. Together – nearly 2 million.

Medical errors in Poland

The data collected a few years ago by the Institute of Public Health of the Jagiellonian University show that each year in Poland, as a result of a medical malpractice, from 7 to 23 people die as a result of a medical malpractice. people. In 1999, 968 lawsuits were filed with the courts in our country, of which 509 were considered. In 2010, there were 2159 lawsuits.

Between 2016 and 2017, the number of procedures started to increase, but not because doctors made mistakes more often. At that time, special departments were established in prosecutor’s offices that dealt with such cases. In 2017, 5679 proceedings were pending nationwide, 60% of which were it concerned the patient’s death as a result of a doctor’s error. Of the 2002 cases closed in 2017, only 139 resulted in indictments, and two with a motion for voluntary submission to punishment. In the case of the remaining ones, the initiation of the proceedings was refused or the proceedings were discontinued.

  1. Decapitation of a newborn, scarves sewn in the stomach – medical errors from Polish hospitals

– Unfortunately, there are more and more cases concerning medical malpractice, but the awareness of Poles is growing. The patient does not have to be left alone with the consequences of a medical error. He can fight for his rights to a dignified life, but most of all to treatment and rehabilitation, says legal counsel Małgorzata Hudziak from the Lazer & Hudziak law firm, which specializes in medical malpractice cases.

Hudziak mentions that most mistakes are made in perinatal care, during orthopedic and surgical procedures. More and more often, it also applies to the activities of plastic surgeons, aesthetic medicine doctors, dentists, as well as during diagnostics at HEDs.

Also read:

  1. Münchausen’s syndrome: When a mother poisons her own child
  2. It was supposed to be a safe pain reliever and sedative. Thalidomide caused damage to almost 15. fetuses
  3. They swore to heal their patients. They brought them death
  4. Not only autopsies. Where did forensic medicine come from?

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