I work in the design office of a large company in Zabrze. I have had back problems for about three years. I underwent two cervical spine surgeries in Piekary Śl. It was only last year that I was diagnosed with discopathy of the lumbar spine and underwent a 6-week rehabilitation in the city hospital in Chorzów. My condition improved and, despite my limp, I returned to work (I have a certificate of moderate disability). I have a well-paid job, I am paying off the loan. In January this year. ZUS referred me to a rehabilitation sanatorium and until the middle of the sanatorium I felt great, there was a clear improvement in walking. In the last week, very dynamic exercises in the pool (1.3 m deep) were included in rehabilitation: jumping jacks, jumping, etc. (with a damaged spine). My condition has deteriorated so much that I can move very slowly on crutches, the car is out of the question, and neither is work. My world has collapsed. I do not know what to do. Probably the bet will fire me in 2-3 months. I am 59 years old. I will not live to see my retirement age, I have 7 years of work underground. Can I claim compensation for damaged he alth from the sanatorium, which will allow me to settle my payments and wait for retirement? If so, how to do it?
You can claim compensation from the sanatorium on the general principles adopted in the Civil Code, i.e. with regard to improper performance of the sanatorium obligations. First of all, it would be necessary to prove the deterioration of the he alth condition depending on the treatment process proposed by the doctor in the sanatorium, taking into account the recommendations of the doctor referring you to sanatoriums. I would have to prove the error in the diagnosis or the method of treatment relating to your case. The Act of 28 July 2005 on spa treatment, he alth resorts and he alth resort protection areas and on spa communes, Journal of Laws 2012.452, explains the concept of spa rehabilitation - as an organized activity carried out in a he alth resort by spa treatment facilities, aimed at restoring the patient's he alth or achievable for a given state of motor and social independence, with the use of natural medicinal raw materials. Pursuant to Art. 9.1 of this Act, the tasks of the spa sanatorium include providing the patient who has been referred for treatmentspa or spa rehabilitation: 1) round-the-clock he althcare services in stationary conditions; 2) medical care and 24-hour nursing care; 3) treatments provided for in the treatment program; 4) preventive benefits and 5) he alth education. These 5 points form the basis of the sanatorium's liability. The easiest way would be to contact a lawyer specializing in medical law on this matter. You can also try to communicate with ZUS on this issue. Maybe a friendly settlement will be possible here. It is also worth informing the patient ombudsman about the whole matter. Perhaps the ombudsman's intervention will also be helpful. Legal basis: The Civil Code Act (Journal of Laws of 2014, item 121, 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.
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 do I get a referral for a free PSA test? [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]