In the 14th and 20th weeks of pregnancy, I did prenatal tests of the fetus, the obstetrician doctor informed me that my child probably has a congenital heart defect. To confirm this information, he sent me for an examination (echo) to a cardiologist who examines the fetuses. The cardiologist assured me that the child was he althy and also issued such a document. When my son was born, unfortunately it turned out that there was a heart defect. Can I claim compensation from the doctor who assured us that the child is he althy?
It is worth contacting the Patient Ombudsman in this matter. In my opinion, the issue of compensation is possible, but it should be shown that the error of the cardiologist was undoubtedly his fault, and the lack of action at the diagnostic stage caused additional problems for the child with a heart defect. In other words, if a cardiologist noticed a heart defect as the obstetrician had concluded, the child could, for example, receive prenatally some medications improving his circulatory efficiency, etc. The matter is not simple and requires the necessary medical knowledge.
From art. 4 of the Act on the Profession of Physician and Dentist (consolidated text: Journal of Laws of 2011, No. 277, item 1634; hereinafter referred to as the Journal measures for the prevention, diagnosis and treatment of diseases, while maintaining the principles of professional ethics and due diligence.
In the absence of a definition of the term medical error, use the definition developed by jurisprudence, in which, a contrario, at the disposal of the above-mentioned provision, it is assumed that a medical error is an act (omission) of a physician in the field of diagnosis and therapy, inconsistent with the science of medicine in the field available to the doctor. At the same time, the doctor's negligence in terms of the duties of surrounding the patient with care and the organization of he alth safety and care for the patient are not a medical malpractice. In the so-called in medical processes, it is not necessary to prove a direct and firm causal relationship, but it is enough to assume the occurrence of a relationship with an appropriate degree of probability of the occurrence of typical consequences, even if understood as suchthe relationship referred to in Art. 361 of the Civil Code however, it must occur between the evidently unprofessional and careless, and therefore culpable, behavior of the defendant and the damage to he alth suffered by the claimant.
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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