After a car accident, I was taken to the hospital, where an X-ray image of the skull was taken with the result: an overview image of the skull without any noticeable post-traumatic changes. After 3 days, I was released home. However, I still felt pain in my jaw. After 10 days, the pain was still unbearable, so I went to the surgeon for a checkup, where I got a reply that he would hurt and go away. So I went to the dentist privately, thinking that maybe the tooth was disturbed. The dentist ordered a pantomogram and diagnosed a jaw fracture. I went to the surgeon who, after seeing this photo, referred me to the maxillofacial surgery clinic, where 14 days after the accident, surgical assembly of the mandible was performed. Can I apply from the hospital for an underdiagnosed jaw fracture? Does the fact that I was intoxicated during the accident make any difference?
The fact of an accident under the influence of alcohol certainly carries a negative image of the victim's situation. Nevertheless, the hospital - doctors should correctly diagnose a jaw fracture and start treatment immediately.
The issue of compensation is always a difficult matter. You should consider possible complications caused by the time in which the treatment was introduced, from the first X-ray in the hospital, through the visit to the dentist. The issue of possible compensation should be considered in the presence of a lawyer who, while examining the medical documentation in this case, should realistically assess the chances of being compensated.
In medical processes, it often turns out that the damage suffered by the patient during medical procedures is not the result of a medical, diagnostic or therapeutic error, a doctor's lack of knowledge or qualifications, or the body's reaction that could not be predicted, but errors organizational negligence of doctors or medical personnel, or breach of standards of conduct and medical procedures, as happened in the given case. Organizational errors indicating a defective functioning of the facility (e.g. unjustified refusal to admit a patient to the hospital or delay in providing medical assistance, when the patient's condition requires immediate action, lack of specialists, negligence regardingsafety, hygiene and care for the sick, defective devices, faulty identification of the patient and treatment of another patient, etc.) is the company's own fault (Art.415 of the Civil Code), while other negligence is a failure of due diligence by doctors and medical personnel the plant is responsible as for subordinates (Art. 430 of the Civil Code).
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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