I had an accident while in hospital, broke my leg. Can I sue the hospital where I had an accident? Can I claim any compensation?
YES. If there was a medical accident on the premises of the hospital, due to the fault of a medical entity, the patient has the right to sue the hospital for compensation. To obtain compensation, you must gather all the necessary evidence:
a) Visual inspection of the accident site (photos);
b) Witnesses to the event;
c) Obtain all medical records from the treatment of the consequences of the accident;
d) Collect all discharge from hospitals, rehabilitation, medical certificates, invoices for the purchase of drugs, bills for travel to doctors and rehabilitation etc.
In order to obtain compensation, we write an appropriate letter to the hospital, in which we describe what exactly happened, what the accident looked like and what its consequences are. It should be written what amount the injured person is claiming. Hospitals have third party liability insurance, under which the aggrieved party can be paid an amount appropriate to the demand resulting from compensation. In this case, the only way to obtain adequate compensation will be to take the case to court. The hospital must be found guilty to obtain compensation. If the floor was slippery, the fault is evident - the hospital is obliged to maintain safe conditions in its buildings. The way to prove the above will be primarily the explanations and testimonies of witnesses who saw or were in the vicinity of the accident site.
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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