Is compensation due for a mistake made during on-call?
Doctors, nurses, midwives bear civil liability for damages caused to the patient during the duty, and in the event of the patient's death, relatives of the deceased have the right to material compensation resulting from the provisions of civil law to relatives on the basis of guilt. This liability may be tort (Article 415 of the Civil Code) or contractual (Article 471 of the Civil Code). The harm to the patient can be different (infections, bodily harm, he alth disorders, physical suffering and moral harm). Doctors, nurses and midwives are obliged to insure themselves against civil liability. For this reason, the insurer is obliged to pay compensation to the injured person or his relatives in the event of his death, but only up to certain amounts determined by the legislator. Compensation in the event of infection, bodily injury or he alth disorder of the patient in the amount of up to PLN 100,000, and in the event of the patient's death to the heirs, in the amount of up to PLN 300,000, is awarded by the provincial commission for adjudicating on medical events, and is paid by the insurer. In the event of a coexistence of long-term and permanent damage, the insurer is obliged to assess the degree of he alth deterioration. After qualifying the damage to he alth, the insurer is obliged to assess its amount, however, if: 1) long-term damage to he alth is up to 80%, 2) permanent damage to he alth is up to 80% - the amount of the benefit is determined as the product of the percentage he alth detriment and the maximum amount of the benefit established for a given group; 3) the damage to he alth is more than 80%, the amount of the benefit shall be the maximum amount for a given group. Legal basis: The Civil Code Act (Journal of Laws of 1964 No. 16 item 93, as amended) Regulation of the Minister of He alth of February 10, 2012 on the detailed scope and conditions for determining the amount of benefit in the event of a medical event (Journal of Laws of 2012, item 207)
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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