The son was admitted to the hospital to have a perianal fistula removed. After he was put to sleep, when he was on the operating table, the disposable drape caught fire from the electric knife. The procedure was completed in a different room with different equipment. The son came to the ICU with numerous burns of the anus and buttocks. What to do to get compensation?
The case should be investigated by the prosecutor's office, because it concerns an inadvertent threat to the patient's life and he alth. Pursuant to Art. 160 § 1 of the Penal Code, whoever exposes a person to the immediate danger of loss of life or serious damage to he alth, shall be subject to the pen alty of deprivation of liberty for up to 3 years. The pen alty referred to in Art. 160 § 1 - 3 of the Penal Code covers not only causing a threat in a situation where the perpetrator was not threatened by any danger before the perpetrator's behavior, but also the perpetrator's behavior increasing the threat to the immediate danger that already exists. This applies in particular to situations where the perpetrator obliged to prevent the danger fails to fulfill his specific legal obligation.
If there has been a crime in the hospital, then the prosecutor should conduct the entire proceeding with the indication of the guilty omission - your son's burns. Based on the investigation, it will be possible to file a lawsuit for compensation from the perpetrator of the crime.
It is worth determining the culprit in this matter, because it may be, for example, a doctor who misuses medical equipment, it may be, for example, a nurse or an outsider who failed to take care of something. The matter is serious, so it would be a good idea to consult a lawyer or patient ombudsman on this matter.
Legal basis: The Penal Code Act (Journal of Laws of 1997, No. 88, item 553, as amended).
Remember that our expert's answer is informative and will not replace a visit to a lawyer.
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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