What is the risk of a doctor for infecting a patient with HCV?
The problem of infection can be considered in terms of deliberate and conscious action (criminal liability), and negligence on the part of a medical entity, or a nurse or a doctor (compensation). Therefore, if the nurse, through blood sampling or other medical activity, causes damage to the patient's he alth and, as a consequence, causes HCV, the nurse will be fully responsible for the damage caused. The same applies if the doctor has misconducted the patient. Then he will be fully responsible for his actions. In practice, however, the situation is not so simple as it often happens that some time after a stay in a hospital or other he alth unit, the patient learns that he or she is a carrier of HCV. Then the laborious process of finding out who infected him with the virus and how. According to the provisions of Art. 442 of the Civil Code a claim for compensation for damage caused by a tort, such as hospital infections, expires after 3 years from the date on which the injured person learned about the damage and the person obliged to repair it. However, the courts found that, in any event, the claim shall be time-barred after 10 years from the date on which the damage occurred. In the event of damage caused by hepatitis, the moment of becoming aware of the damage within the meaning of Art. 442 § 1 of the Civil Code there is only a moment when the aggrieved party learned about the existence of the disease from reliable and competent sources and became aware of its consequences and the damage to he alth it caused.
Judgment of the Supreme Court - Civil Chamber of 12 May 2011 III CSK 236/2010
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.
More advice from this expert
Is it possible to reimburse a private denture by the National He alth Fund? [Expert advice]Can a nurse employed by ZOL inform about a patient's death? [Expert advice] Voluntary he alth insurance for a person working abroad [Expert advice] Business activity and we have to apply for he alth insurance [Expert advice]How to get a referral for a free surveyPSA? [Expert advice]I am chronically ill: can ZOL discharge me without my consent? [Expert advice]Continuation of sick leave after the end of sickness benefit [Expert advice]The gambler's husband and the protection of the family against bankruptcy [Expert's advice]The teacher and the stay in the sanatorium that ends at the beginning of the school year [Expert's advice]Renewal / issue of a new disabled parking card [Expert's advice]Stay on L4 after an accident and a sanatorium due to another disease [Expert's advice]Work during maternity and parental leave [Expert's advice] He alth insurance break: what can I do? [Expert advice]Reimbursement of a rehabilitation bed or other equipment for a stroke survivor [Expert advice]Resignation from the sanatorium due to illness and the date of the next stay [Expert's advice]Sanatorium for a person assigned to the insurance of a spouse registered in the PUP [Expert's advice]Referral to the sanatorium: can I change the place? [Expert advice]The effects of orthodontic treatment and compensation [Expert's advice]A dietetics student at the Medical University and a visit to a psychiatrist [Expert advice]The white coat syndrome and the military fitness test [Expert's tip]Vaccinations against ticks. Where can I get vaccinated for free? [Expert advice]Contract-mandate and payable L4 [Expert's advice]Contract-order for a doctor for night duty [Expert's advice]Explosion of the syringe during treatment at the dentist and compensation [Expert advice]Departure to the retiree teacher's sanatorium [Expert's advice]A teacher's trip to a sanatorium during the school year and a sick leave [Expert's advice]Alcohol related car accident and hospital compensation [Expert advice]Thrombophlebitis and the disability group and the pension [Expert's advice]Change in the job size: what is the basis for calculating maternity allowance? [Expert advice]Sick leave for a sanatorium as part of disability prevention [Expert advice]