22 February 2019

Perinatal hypoxia – over 1.000.000 PLN redress for a child and its parents

On 20 February 2019, the Court of Appeals in Warsaw issued a judgement in a case of perinatal hypoxia of a child. As a result of actions taken by the medical personnel of the defendant hospital, the minor claimant suffered particularly serious damage to health.
She was diagnosed with childhood cerebral palsy – extrapyramidal form. The minor claimant has been a severely disabled person since birth. She is unable to perform basic activities of daily living on her own (she does not walk, cannot self-feed, does not talk and requires constant help of third persons). Moreover, she suffers from paroxysmal disorders. The Court awarded 1.000.000 PLN for the non-material damage suffered by the minor claimant due to the errors made during birth.

In addition, the Court awarded both the minor claimant and her mother redress in the amount of 50.000 PLN each for the violation of their patient’s rights, i.e. in connection with the violation of their right to medical services that meet the medical knowledge requirements by the defendant hospital’s medical personnel.

Additionally, the Court awarded 100.000 PLN to each of the parents in relation to the infringement of their moral rights in the form of the right to undisturbed family life and the right to personal development.

Regardless of the abovementioned amounts, the minor claimant will also receive compensation in relation to the incurred costs of medical treatment as well as a monthly pension due to increased needs and reduced prospects of success in the future.

The judgement is final.

The claimants were represented by Atty. Jolanta Budzowska and Atty. Michał Krzanowski.

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