Seeking compensation from the person who caused the damage requires a proof that the action of this person and the malpractice committed by the latter were culpable and that there is the so-called adequate causation between the wrongful act and the damage suffered.

In other words, it is the patient who claims compensation for medical malpractice from the hospital or from a physician that needs to prove that their activity was culpable and caused the patient’s damage. Importantly, the fault of the hospital for medical malpractice does not need to be intentional – it is enough to demonstrate that the hospital / physician did not exercise due diligence when providing the medical treatment. This also means that it will not be possible to demand from the hospital / physician to remedy the damage when the latter has occurred notwithstanding the fact that the hospital / physician duly performed their duties and complied with all the standards of conduct or when the damage could be attributed solely to the patient.

It should be emphasised that it is also possible to pursue a claim for damages for medical malpractice (in the broad sense of the word) in cases where surgery or treatment have been undertaken without the express consent of the patient or if prior to such a consent the patient was not informed of the risk of surgery, its possible consequences and alternative methods of treatment.


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Jolanta Budzowska