Medical Negligence is defined as an action or omission by a medical practitioner that deviates from generally accepted principles of diligence and the current state of medical knowledge, resulting in injury to the patient. Medical malpractice can involve incorrect diagnoses or therapies and can extend to the activities of dentists, nurses, and midwives.

Types of Medical Negligence

Medical errors in Poland are categorised into several types, including:

1. Diagnostic Errors: Mistakes in diagnosing a patient’s condition.
2. Therapeutic Errors: Errors in treatment or therapy.
3. Organizational Errors: Mistakes related to the organisation and management of healthcare facilities.
4. Technical Errors: Errors involving the technical aspects of medical care.
5. Information Errors: Failures in communication or information sharing.

Claims for Victims of Medical Negligence

Victims of Medical Negligence or errors have the right to pursue various legal claims. These claims can be resolved amicably, through the Provincial Commission for Adjudication on Medical Events, or in court. The types of claims include:

1. Compensation: Financial reimbursement for actual losses, such as costs for medical procedures, consultations, medications, rehabilitation, travel, and other documented expenses related to the incident.
2. Compensation for Harm: Financial compensation for pain and suffering caused by the medical error, determined individually based on the circumstances.
3. Advance Payment for Medical Costs: This claim provides necessary funds in advance for victims needing ongoing treatment or medical equipment.
4. Disability Pension for Increased Needs: A periodic payment covering additional costs that the injured party must bear regularly due to the medical error.
5. Disability Pension for Loss of Future Earnings or Work Ability: For those who lost the ability to work or pursue professional development due to the error.
6. Determination of Future Liability: A claim for potential future deterioration of the patient’s condition due to medical error.
7. Interest on Claimed Amounts: Interest on the compensation amounts demanded by the injured party.

Criteria for Medical Negligence Claims

To pursue a claim for medical negligence, the following criteria must be met:

1. An act or omission inconsistent with current and universally recognized medical knowledge.
2. Unintentional fault (recklessness or negligence) by the medical practitioner.
3. Patient injury (death, health damage, or other health violations).
4. A causal relationship between the error and the patient’s injury.

Limitation of Claims

When handling cases for compensation due to medical errors, it is crucial to verify the claim’s validity within the limitation period.

According to the Polish Civil Code, claims for medical error compensation must be made within 3 years from the date the injured party became aware of the damage and the responsible party.

If the medical error also constitutes a crime, the limitation period extends to 20 years from the date of the crime.

 For minors, the limitation period does not end until 2 years after they reach the age of majority.

How eLegal Consultants Can Assist

1. Comprehensive Analysis and Evaluation: We assess available claims and determine their validity.
2. Document Collection: We gather necessary documents, including medical records, and request additional information from medical entities on behalf of the client if needed.
3. Expert Opinions: We identify and engage experts to provide necessary opinions and testimonies.
4. Negotiation: We negotiate with the responsible party or their insurer to achieve an amicable settlement.
5. Legal Representation: We prepare and submit documents to the court or Provincial Commission for Adjudication on Medical Events and represent clients throughout the proceedings.

Why Choose Us?

Compensation cases for medical errors in Poland are complex and require substantial preparation and expertise.

The burden of proof rests on the claimant, necessitating strong evidence and a thorough understanding of legal procedures.

Given the high stakes involved, professional representation by a knowledgeable solicitor is invaluable for navigating these disputes effectively.

By choosing eLegal Consultants, clients benefit from our extensive experience and dedicated approach to achieving the best possible outcomes in medical error compensation cases.