Were you treated inappropriately in a medical facility? Do you believe that your doctor has made a diagnosis error or has not taken care of your he alth? You can assert your rights, fight for compensation, compensation and even a disability pension. Here's what you need to do.
Nearly 40 percent of patients in public he alth facilities believe that theirpatient's rightsare violated at almost every stage of treatment. Despite this, few people fight for theirs in administrative mode - before a professional or common court. Checkhow to claim patient rights .
How to assert patients' rights when they are violated by medical staff?
Medical personnel can be held accountable on three levels:
- OCCUPATIONAL - it is the responsibility for committing the so-called professional misconduct; the result of improper conduct is a disciplinary pen alty (admonition, reprimand, temporary or permanent deprivation of the right to practice) by the district medical court;
- CIVIL - for causing material damage or non-pecuniary damage (concerns life, he alth, honor, freedom, good name, worship of a deceased person) - the result is the need to pay compensation (in case of damage) or compensation (in case of harm); such cases are adjudicated by the civil courts appropriate for the place of the incident, i.e. where the patient was injured;
- CRIMINAL - it is the responsibility for committing a crime; the result is a civil court imposing the following sentences: imprisonment, restriction of liberty, fines.
How to assert patients' rights if they are violated by a he alth care facility?
Dissatisfaction with medical care concerns not only the doctor's inappropriate attitude towards the patient, negligence or malpractice, but often the very functioning of the he alth care facility, i.e. administrative problems. Depending on the reason for dissatisfaction with medical service, satisfaction, redress or compensation, we can seek redress in the management of the clinic or hospital, with representatives of professional self-government bodies of doctors, nurses and midwives, as well as in common courts.
Patient rights: what can you fight for?
Generally for committed medical errors, lack of due diligence in diagnostic or therapeutic procedures, neglectwe can claim compensation in three forms. The first is compensation in the strict sense of the word, that is, compensation for material losses (expenses for drugs, specialist care, etc.); therefore the amount of compensation depends on the size of the losses. The second claim is the claim for compensation. In such proceedings, the main goal is to obtain money for moral (non-material) losses, e.g. for bodily harm, he alth disorders, physical and mental suffering, the need to change the lifestyle, worsening life prospects. The last possible claim is a disability pension. It is due when the consequence of the damage suffered is a total or partial loss of ability to work, an increase in needs or a reduction in outlook for the future.
Patient rights: ethics and procedures
In administrative matters, i.e. improper - according to the patient - functioning of the registration, refusal to be admitted by a doctor despite the lack of other patients, we can file a complaint with the head of the He alth Care Center (he alth care team), clinic or hospital director. However, the assessment of people working in these positions does not include the refusal to issue a referral to a specialist, for examination, sanatorium treatment or rehabilitation. Why? Because it is a specific doctor - after assessing the he alth condition - who decides and is responsible for the treatment and diagnosis of the patient. This is a substantive problem over which, for example, the head of the clinic has no supervision. In matters relating to professional ethics, a patient's complaint (e.g. about arrogant, generally considered offensive behavior of a doctor, commenting on the patient's appearance) is considered by the professional liability ombudsman in the regional or chief medical chamber, who assesses the doctor's conduct on the basis of the provisions contained in the Code of Medical Ethics.
Note! It is not a breach of ethics to pay attention to obesity, provided that the physician does so with respect for the obese patient.
Where to look for help in cases of violation of patient rights?
- If the violation of patient's rights takes place in a he alth care institution, doctor's office or nursing office that has a signed contract with the National He alth Fund, we can pursue our rights with the patient ombudsman, who works in each provincial branch of the National He alth Fund and at the headquarters in Warsaw. When we want to take action against the National He alth Fund (e.g. when refusing to finance treatment), you can use the help of the Patient Ombudsman's Office. The office provides legal and substantive assistance. Toll Free: 0-800 190-590.
- If we are convinced that the doctor did not exercise due diligence in the diagnosis or treatment process, made a mistake, committednegligence - we can apply to the professional liability ombudsman of the regional medical chamber. The complaint is submitted to the seat of the chamber competent for the area where the blamed doctor works. But the ombudsman does not deal with the satisfaction of claims, but with the assessment and professional consequences of the doctor or imposing a financial pen alty on him.
- A patient (or his family) who has suffered a he alth impairment or impairment may claim compensation from the clinic or hospital where he was treated. The proceedings are pending before a civil court. Compensation may be paid for bodily injuries, he alth disorders, costs of treatment, rehabilitation, purchase of medical materials, orthopedic equipment. You can also apply for a pension if the aggrieved party has lost all or part of their ability to work or if their needs have increased as a result of the damage. You can also claim compensation for the harm suffered by a civil action. In this case, harm is understood as suffering either physically or mentally.
- In order to bring an action for compensation, disability or compensation in a civil court, you must prove the fault of the doctor. This is often documentation from a trial before a medical court. Before filing a lawsuit, it is advisable to gather complete documentation of treatment. To obtain it, you must apply to the director of the hospital for it (e.g. a certified copy). The manager (hospital director) cannot refuse to issue the documentation. Copies of documents are made at the patient's expense (currently approx. PLN 0.07 per page). You have to take into account the fact that the court will expect the petitioner to pay 5 percent. the amount in dispute. Persons who are in a bad financial situation may be exempt from any fees after submitting an application in court.
- Each hospital is insured against civil liability. In situations where we claim compensation for damages suffered, the insurance company of the hospital may propose a settlement and the payment of compensation. If the amount proposed by the insurer satisfies the injured party, he avoids costly and lengthy court proceedings. If the offered amount is too low for the patient, it remains to open a civil action.
- A report to the prosecutor's office about the commission of a crime by a doctor may be submitted by the patient, his family or representative, if they believe that the medical procedure led to unintentional death, he alth impairment, organ damage (e.g. hearing loss), exposure to danger of loss of life or serious damage to he alth. For suchoffenses, medical personnel are subject to the pen alty provided for in the Code of Criminal Procedure in the event of proving their guilt. The court decides the guilt.
The Act on the Medical Profession, which entered into force on January 1, 2010, changed the position of the patient in medical court proceedings. Until now, the patient could only act as a witness. Now he is a party. This is a big change. It means that he can appoint a representative, experts and present their opinions to the court. Trials before medical courts are open. The patient may have an attorney. Medical court judgments may be presented as evidence in civil courts. As for doctors, the new act is less lenient towards them, which the medical self-government has been striving for a long time.
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