On August 22, 2023, an amendment to the Act on Patients' Rights and the Patient Ombudsman and certain other acts was published in the Journal of Laws. The aim of the amendments is to introduce a simplified, faster path to obtaining compensation for patients who have suffered health damage as a result of medical errors. The amendment represents a breakthrough in the protection of patients' rights, eliminating some of the difficulties associated with pursuing claims in court.
What is medical error?
Medical malpractice is defined as an act or omission by a physician or other healthcare professional that leads to a deterioration in a patient's health, loss of health, or death. Examples of medical malpractice include: incorrect or delayed diagnosis, errors during surgical procedures, incorrect pharmacological treatment, and negligent postoperative care. Until now, pursuing claims related to medical malpractice often required lengthy legal proceedings, resulting in additional costs and stress for injured patients.
A new path to claiming compensation
Under the amendment, patients who have suffered health damage as a result of medical errors will be able to take advantage of a new procedure. Instead of lengthy court proceedings, an administrative procedure has been introduced, allowing injured patients to expect faster resolution and compensation payments. The Patient Ombudsman will play a key role in the claims process. He will be able to accept patient applications and make decisions on compensation. This solution relieves the burden on the courts and speeds up the procedure. The act abolishes the provincial commissions for adjudicating on medical events and, in their place, establishes a team of experts – the so-called Team for Benefits from the Medical Event Compensation Fund, operating under the Patient Ombudsman.
The amendment provides for upper limits on compensation for medical errors, which is intended to standardize compensation amounts and accelerate their payment.
Although the amendment is being welcomed, there are also criticisms. Some experts point to the need to specify detailed criteria for assessing medical errors and the challenges associated with determining compensation amounts. Additionally, ensuring adequate staffing and financial resources for the Office of the Patient Ombudsman will be essential.
For more information, please contact us. We will assist you at every stage of the process to obtain the compensation you deserve.
This article is for informational purposes only and does not constitute legal advice.
Legal status as of December 17, 2024
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