When I was 7 years old, I was diagnosed with a visual impairment. The ophthalmologist diagnosed the defect in my left eye with +3.5 diopters, and my right eye was he althy. Glasses were prescribed to correct this defect. I wore the glasses for several years, but they didn't work. During the visits, the ophthalmologist was not able to help me - but she said that when I turn 21, the eye will shape and then (in her opinion) it will be possible to perform laser surgery, correcting the defect completely. The next visit (at the age of 21) ended similarly to the ones from my youth: the doctor said that thanks to the glasses my eyesight would not improve anyway, and she did not really know what was wrong with me. I gave it up for 4 years, until today. I went to a specialist in Wrocław (Lower Silesian Ophthalmic Center) and there the ophthalmologist, after carrying out all the examinations, stated that I had myopia (previously no one could correctly diagnose my case), and thus amblyopia in the left eye - and the so-called monocular (my left eye) turns off with normal viewing, and only turns on when I close my right eye). The doctor also stated that in my youth I was badly guided by an ophthalmologist and if I had reacted properly then I would have seen it normally, because this defect could be cured until I was 10 years old. In this case, can I apply for compensation for permanent he alth impairment? And for the incompetence of doctors? I was realized that there is no such method in the world for my left eye to function normally (glasses give nothing) and for the rest of my life I will only see with one eye.
A patient can always apply for compensation from a doctor by private action. A doctor is obliged to practice the profession, taking into account the indications of current medical knowledge, methods and means of preventing, diagnosing and treating diseases available to him, while observing the principles of professional ethics and due diligence. In the absence of a definition of a medical error, one should refer to the definition developed by the jurisprudence, in which the above-mentioned provision is at the disposal of the above-mentioned provision 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 scope available to the physician. . At the same time, the doctor's neglect of his dutiescare for the patient and in terms of the organization of he alth safety and care for the patient are not a medical malpractice. It is important to collect medical records, including the opinions of not only one ophthalmologist, but a wider group of specialists in this field who would say almost the same with one voice. A civil lawsuit is a tedious procedure and it is important that assistance in this matter is also provided by the Patient Ombudsman or a lawyer specializing in medical law. In the so-called In medical trials, 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 typical consequences, but even such a relationship as defined in Art. 361 of the Civil Code however, it must take place between the manifestly unprofessional and careless, and therefore culpable, behavior of the defendant and the damage to he alth suffered by the claimant. Supreme Court judgment - Civil Chamber of 20 March 2014. II CSK 296/2013 Legal basis: 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.
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