Medical negligence in Poland
Medical negligence in Poland. Claims for patients from abroad
If treatment in Poland left you with an injury that should not have happened, you can claim compensation from the hospital or clinic, or apply to the Medical Events Compensation Fund. I act for patients and their families who live outside Poland, including people who came to Poland for planned treatment.
Describe your caseFund or court?- First assessment
- Free of charge, based on your medical records
- Two routes
- A court claim or the Medical Events Compensation Fund
- Family claims
- Also after the death of a patient
- Telephone
- +48 512 976 090
Typical situations
Cases I take
Surgery
Damage to a nerve or organ, an object left in the body, complications that proper care would have avoided.
Diagnosis
A missed or delayed diagnosis, for example of a fracture, an infection or cancer, that changed the course of treatment.
Childbirth
Injuries to the mother or the child caused by delayed or wrong decisions during labour.
Hospital infections
An infection acquired during a hospital stay that could have been prevented.
Dental and cosmetic treatment
Planned treatment in private clinics, including dental work done during a stay in Poland.
Death of a patient
Claims of the family: costs, a pension for dependants and compensation for the loss of a loved one.
Route one
A court claim
The hospital or clinic is liable for the fault of the staff it entrusts with treatment (Article 430 of the Civil Code), and a doctor in private practice for their own fault (Article 415 of the Civil Code). The claim covers costs and lost earnings, a pension and compensation for pain and suffering (Articles 444 and 445 of the Civil Code). The court sets the amount without tables or caps, and it applies to every kind of medical provider, also private dental practices.
Route two
The Medical Events Compensation Fund
An application is filed with the Patient Ombudsman, within one year from the day you learned of the harm and no later than three years from the event (Article 67t paragraphs 1 and 3 of the Patients’ Rights Act). The application concerns treatment connected with a hospital (Article 67u paragraph 1 point 8 of the Patients’ Rights Act). Accepting the payment means giving up all further claims for damage that appeared before the application was filed (Article 67zc paragraph 2 of the Patients’ Rights Act).
Which route is better depends on the injury. Where the harm is serious and its consequences are still developing, I first check whether the waiver connected with the Fund would cost you more than its speed is worth. You receive that assessment before deciding.
How I work
What happens after you contact me
Records
You have the right of access to your medical records (Article 23 paragraph 1 of the Patients’ Rights Act). I tell you which ones to request.
Assessment
I review the records and tell you whether there is a claim and which route fits it.
Claim
I file the claim with the hospital or clinic and its insurer, or prepare the application to the Fund.
Court
In court the medical questions are answered by an expert appointed by the court. I represent you at every stage.
Harmed by treatment in Poland?
Send a short description and the records you have. The first assessment of a compensation claim costs nothing.
Describe your case