You can get compensation for a nosocomial infection in court. Moreover, depending on how dangerous the hospital infection turned out to be for your he alth, you may also claim compensation or a pension from the hospital. How to get compensation for nosocomial infection in court?
Compensation for nosocomial infectionis due to the injured patient on the basis of Articles 444 of the Civil Code, which concerns personal injury, and Article 445 of the Civil Code, which concerns financial compensation for harm suffered. You must remember, however, that court proceedings may take up to several years, and the court's verdict may not be in your way.
Nosocomial Contamination Compensation: What Can You Get?
When applying for hospital infection, you can make a full compensation for your material damage - e.g. treatment costs, lost earnings, etc., as well as non-pecuniary damage - including compensation for pain and ailments caused by infection. Depending on the amount you want to get in court, you bring a claim to either the district or circuit court. District courts hear cases where the value in dispute exceeds PLN 75,000 (Article 17 (4) of the Code of Civil Procedure).
Compensation for nosocomial infection step by step
According to the case law of the Supreme Court, you do not have to prove at what exact moment and as a result of whose fault you suffered a loss of he alth - it is enough to prove these circumstances with the appropriate probability. It is enough for you to have convincing arguments that the infection occurred in the facility you are suing. However, you do not need to indicate a specific hospital employee as the perpetrator.
First, you apply to the hospital with a claim for compensation and redress, while the letter should describe the treatment process in chronological order, as well as your objections to the hospital's conduct. If the hospital refuses to voluntarily comply with the claims, you are left with the pursuit of your rights in court. Note: at the type of stage, medical documentation of the course of treatment will be necessary - in accordance with Article 18 (4a-4f) of the Act of August 30, 1991 on he alth care institutions, the patient may apply to the he alth care facility for extracts, excerpts or copies.your medical records.