My daughter had a scrap 3 weeks after cesarean because a piece of placenta had been left behind. Is there any chance of any compensation from the hospital 5 years after the procedure?
According to the jurisprudence of common courts, the mere determination of the fact as to the date when the injured party became aware of any damage, within the meaning of Art. 361 of the Civil Code, it is a circumstance that meets the requirements of ascribing knowledge in this respect to the injured party as an objective and verifiable circumstance.
We can talk about "finding out about the damage when the injured party is aware of the negative consequences of the event indicating the fact that the damage has occurred", ie he or she is "aware of the damage suffered". Due to this fact and Art. 442 (1) par. 1 of the Civil Code, which provides that a claim for compensation for damage caused by a tort shall be time-barred after three years from the date on which the aggrieved party learned about the damage and about the person obliged to repair it. However, this period may not be longer than ten years from the date on which the harmful event occurred.
It is worth going to a lawyer for more information. Pursuant to the Act on Patients' Rights and Patient Rights Ombudsman, the application for establishing a medical event is submitted to the voivodeship committee competent for the seat of the hospital: 1) in the case of a medical event after January 1, 2012, 2) within 1 year from the date, in which the entity submitting the application became aware of the infection, bodily injury or he alth disorder, or the patient died. The deadline for submitting the application 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. The person submitting the application indicates the expected amount of compensation and redress. In the case of infection / bodily injury / he alth disorder, the amount of compensation and redress may not exceed PLN 100,000. PLN, in the event of death, the maximum amount may not exceed 300,000. zloty. Compensation or compensation is paid by the hospital's insurer.
Legal basis: The Act of November 6, 2008 on the rights of patients and the Patient's Rights Ombudsman(consolidated text, Journal of Laws of 2012, item 159 as amended).
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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