Abstract

A hospital shall be liable for negative consequences (complications) of treatment if the most invasive method of treatment was used for which there were no absolute indications. A therapeutic (medical) error may consist in the use of a recognized method of treatment, though inadequate in the case. Failure to observe the generally accepted standards of conduct in specific cases (e.g. no application of antibiotics with a large operative field) proves negligence of doctors in an objective sense. A culpable mistake of the doctors results in liability of the healthcare entity employing them pursuant to Art. 430 of the Civil Code in conjunction with Art. 415 of the Civil Code. The legislator has not indicated what criteria should be taken into account when determining the amount of compensation, and it is widely accepted that all the circumstances affecting the size of the harm suffered should be taken into account. At the same time, the Court of Appeal rightly pointed out that the court of first instance has the power to determine the amount of compensation, whereas adjustment may be made by the court of appeal only when the awarded amount has been grossly over- or undervalued.