Since recently, it is possible to claim compensation in case of the so-called medical incidents in administrative procedure, in the course of the proceedings before the provincial committees. In such cases, the victim cannot be represented by a professional counsel. This procedure is only available for the events that occurred after January 1, 2012. Due to the maximum upper limit of compensation (100.000 zlotys in the case of bodily injury or health impairment, and 300.000 zlotys in case of the patient’s death) and the lack of possibility of obtaining a pension, this procedure of pursuing compensation should be considered only in cases of medical malpractice which do not result in serious consequences.

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Jolanta Budzowska