medical malpractice and patient rights
Errors made during diagnosis or treatment can have serious consequences for a patient’s health, including prolonged illness, the need for further treatment and rehabilitation, permanent damage to health, infection and, in the most serious cases, the patient’s death. People who have suffered harm as a result of irregularities in the treatment process may – depending on the circumstances of the case – pursue appropriate claims, including compensation and damages for harm suffered.
Our firm has experience in handling cases concerning medical errors and violations of patient rights. We analyse the course of treatment and the medical records, establish possible grounds for liability and the claims available to the patient, and then represent clients both out of court and in court proceedings.
We help patients in cases concerning, among others:
- incorrect or delayed diagnosis,
- inappropriate treatment,
- improperly performed procedures or surgery,
- refusal to provide necessary medical care,
- infections connected with a stay and treatment in a medical facility,
- deterioration of health resulting from improper treatment,
- permanent damage to health or disability,
- the patient’s death as a result of irregularities in diagnosis or treatment.
Not every unsuccessful treatment is a medical error. Each case requires an individual analysis of the diagnosis and treatment and an assessment of whether the care provided met the standards of current medical knowledge and whether the negative consequences for the patient could have been avoided.
Violation of patient rights
Regardless of liability for the medical error itself, there may also be a violation of patient rights. Patients have, among other things, the right to healthcare services, to information about their health and proposed treatment, to give informed consent to treatment, to confidentiality, to access their medical records and to respect for their privacy and dignity.
We handle cases concerning, among others:
- failure to give the patient the required information about their health, diagnosis, proposed treatment methods or possible consequences,
- performing a procedure without the patient’s properly given and informed consent,
- violation of the patient’s right to privacy and dignity,
- improper treatment of the patient by medical staff,
- problems with medical records,
- breach of confidentiality of patient information,
- violation of the patient’s right to healthcare services meeting the standards of current medical knowledge.
What can you claim?
The scope of possible claims depends on the consequences of the incident and the patient’s individual situation. In medical malpractice cases, it is possible in particular to claim benefits related to:
- the cost of further treatment and rehabilitation,
- the cost of care for the injured person,
- the purchase of medicines, medical or rehabilitation equipment,
- lost income due to temporary or permanent inability to work,
- increased needs resulting from deteriorating health,
- an annuity in the case of long-term consequences,
- damages for pain, suffering and other negative consequences of the harm suffered,
- claims of close relatives in the event of the patient’s death.
In certain cases, it is also possible to claim damages for a culpable violation of patient rights. This claim should be distinguished from compensation intended to make good the loss suffered and from damages related to bodily injury or health disorder.
We approach every case individually, because liability for a medical error requires a thorough analysis of the course of treatment, the medical records, the health consequences and the link between the action or omission of the medical staff and the damage suffered.
In the first stage, we analyse the documentation and circumstances of the case, identify possible claims and the entities against which they can be pursued. We also help gather the material needed to prove the consequences of improper treatment or violation of patient rights.
Our aim is to effectively pursue benefits that reflect the real consequences of the medical error or violation of patient rights.
Depending on the nature of the case, we take steps to resolve it out of court and, if this does not bring the right result, we prepare the case for court proceedings and represent the client in court.
In cases meeting certain statutory conditions, it is also possible to use the out-of-court procedure before the Patient Ombudsman under the Medical Events Compensation Fund. The Fund covers certain medical events connected with a hospital stay, including bodily injury, health disorder and hospital-acquired infection, and in the event of the patient’s death the benefit may also be available to close relatives.
Every case concerning a medical error or violation of patient rights requires a separate assessment. That is why, before taking further steps, we carefully analyse the facts and documentation in order to identify the available legal options and propose an approach suited to the situation of the specific patient.
The compensation department is headed by legal adviser Tomasz Szadach, who is also a managing partner of the firm.
Need legal advice? Contact us.
We consult every case free of charge.
kancelaria@szlegal.pl | +48 518 101 211
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How we work
Submitting your case
for review
We review your case free of charge to assess whether there are grounds for a claim for compensation and damages for harm suffered.
Signing the agreement
We set out the terms of cooperation and the firm’s fee in a clear and transparent way.
Handling your case
We represent our clients at every stage of the case – both before and during court proceedings.
Payment of compensation
Once the party responsible for the damage or the insurer accepts the claim, or the court issues a ruling, the compensation or damages for harm suffered are paid out.