I was in the hospital and got infected with HBV during an operation. Who can I bring to justice?
It is difficult to name a specific culprit in the above situation. In order to show errors in the procedure, which could have resulted in HBV (hepatitis B) infection, the responsibility of individual people or he alth units for such an infection should be determined. Chapter 13a of the Act on Patients' Rights and the Patient Ombudsman defines the rules and procedure for determining compensation and redress in the event of a medical event. In the event of its occurrence, the patient or his legal representative may apply for the determination of a medical event, in this case the determination of the person guilty of HBV infection. In the event of death, such an application may be submitted by the patient's heirs. The application for establishing a medical event is submitted to the provincial committee for adjudicating on medical events competent for the seat of the hospital. Such a request shall be submitted within 1 year from the date on which the applicant became aware of the HBV infection, but no longer than within 3 years from the date on which the event occurred. Submission of the application, on the basis of which the provincial commission for adjudication on medical events issued a decision on a medical event, interrupts the period of limitation of claims specified in the Civil Code, resulting from the events covered by the application. The application contains the patient's data (name, surname, date of birth, PESEL number or a series and number of a document confirming identity), address for service, data of the medical entity running the hospital (company, registered office and address of the hospital), justification of the application containing the probability of the HBV infection which as a consequence of infection, bodily injury, he alth disorder or death of the patient as well as property or non-material damage, indication of whether the subject of the application is infection, bodily injury, he alth disorder or death of the patient, proposal of the amount of compensation and redress. Legal basis: Act on Patient's Rights and Ombudsman patient (Journal of Laws of 2012, item 159)
Remember that our expert's answer is informative and will not replace a visit to the doctor.
Przemysław GogojewiczIndependent legal expert specializing in medical matters.
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