Your dentist did a root canal tooth 3-4 years ago. From what I observed, she did not make any notes in the patient's record. In fact, she probably didn't even have them. Now the photo of the tooth shows that the tooth is half root canal, which is why it hurts. I have to pay PLN 600 for re-treatment (under the microscope) with another dentist. I think I should have filed a claim for this lady to return the money I paid her for the treatment, and maybe even request that the treatment be financed under the microscope, if she didn't actually write such things down. How can I make my case? Please help. I am a student and I do not have PLN 600 for treatment, the more so because it needs to be played quickly, otherwise I will have to extract this tooth because there are already some changes.
In the above case, it is possible to pursue claims in court. Pursuant to Art. 415 of the Civil Code, in the case of a dentist who has committed improper treatment, there is a premise of guilt and compensation to the patient for damage caused as a result of improper treatment. This provision provides a pretext for formulating a very broad definition of a tort, and thus to cover not only the culpable behavior of a physician, but also behavior that is not guilty or independent of will. A physician's act may consist of both an action and a failure to act, and the action most often takes the form of a factual act, but it is also possible to cause damage by a legal act. A physician's own act must be unlawful and culpable in order to become illegal. The criterion of unlawfulness must be investigated first, as establishing its absence renders the consideration of guilt irrelevant. The dominant belief is that unlawfulness is contrary to the law or to the principles of social coexistence. According to another position, unlawfulness should only be considered to be contrary to the provisions of law, as there is no legal basis that would allow for making judgments from the point of view of moral rules. Individual types of tort are based on one of the four principles of liability: the physician's fault, the unlawfulness of his actions, the risk of treatment or the rightness of the form of treatment. The principle should be understood as the basic assumption of liability for damages laid down in a given provision. The individual rules are distinguisheddue to their relation to the values underlying the obligation to compensate for the damage. The principle of guilt makes the basis of liability possible to bring charges of unlawful conduct. The principle of unlawfulness bases responsibility on the mere fact that it is inconsistent with the regulations or with the principles of social coexistence.
Legal basis: Civil Code Act (Journal of Laws of 1964 No. 16 item 93 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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