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Incorrect medical diagnosis may result from misinterpretation of tests. A doctor who made a diagnosis inconsistent with the current state of medical knowledge should bear the consequences of his decisions. How do I get compensation for he alth damages incurred as a result of a misdiagnosis? The attorney-at-law guides you through the complicated procedure of commencing proceedings before the Medical Event Adjudication Committee.
The doctor's responsibility formisdiagnosiscan now be assessed through civil proceedings and by the Provincial Medical Event Adjudication Committee. Repairingof the patient's harmprovides for Art. 445 § 1 of the Civil Code, which stipulates that in the event of bodily harm or he alth disorder caused by a doctor, the court may award the injured party an appropriate sum as compensation for the harm suffered.
How much compensation can I get?
Of course, the sense of harm, its degree and value expressed in money (compensation) are highly subjective categories, and the demands of aggrieved patients will be determined by the more or less liberal position of the courts. The purpose of the proceedings before the provincial commission is to determine whether the event that resulted in property or non-property damage was a medical event that could delay proper treatment and contribute to the development of the disease.
Incorrect diagnosis - in which cases is there a misdiagnosis?
A medical event is infection of a patient with a biological pathogen, bodily injury or he alth impairment, or death of a patient resulting from inconsistent with current medical knowledge:
1) diagnosis, if it caused inappropriate treatment or delayed proper treatment, contributing to the development of the disease,
2) treatment, including surgery,
3) use of a medicinal product or medical device.
Where and when to file a misdiagnosis claim
The application for establishing a medical event is submitted to the Provincial Commission competent for the seat of the hospital within 1 year from the date on which the entity submitting the application learned aboutinfection, bodily injury or he alth disorder, or the patient's death, however, this period may not be longer than 3 years from the date on which the event resulted in infection, bodily injury or he alth disorder or death of the patient.
Who submits the application to the Provincial Commission for Adjudication on Medical Events
The application for establishing a medical event may be submitted:
- patient or his legal representative z - in case of infection, bodily injury or he alth disorder;
- the patient's heirs - in the event of the patient's death.
The application will be suspended or discontinued in two cases
Proceedings before the provincial commission for adjudication of medical events:
- hangs on professional liability or criminal proceedings for a criminal offense in connection with the same incident;
- is not initiated, and the initiated one is discontinued in the event that, in connection with the same incident, a case for compensation or pecuniary compensation has been legally adjudicated, or when civil proceedings are pending in this case.
The application should contain:
1. patient data:
- name and surname,
- date of birth,
- PESEL number or series and number of the document confirming identity, if it has;
2. name and surname of the legal representative, if applicable;
3. names and surnames of all heirs, if any;
4. indication of which of the heirs represents the remaining heirs in the proceedings before the provincial commission for adjudication on medical events;
5. address for service;
6. data of the medical entity running the hospital:
a) company,
b) the address of the seat and the address of the hospital, if applicable;
7. justification of the request containing the likelihood of the event
8. indication whether the subject of the application is infection, bodily injury, he alth disorder or death of the patient,
9. a proposal of the amount of compensation and redress,
The application should be accompanied by:
1) evidence justifying the circumstances indicated in the application;
2) confirmation of payment
Submitting the application is subject to a fee of PLN 200. The fee is counted towards the costs of proceedings before the provincial commission for adjudication on medical events.
Legal basis: Act on the rights of the patient and the Patient's Rights Ombudsman (Journal of Laws 2012, item 159 withd.),