Abstract

The article discusses the issue of legal prerequisites for seeking satisfaction for injury suffered as a result of infringement of patient’s rights (Art. 4.1 of the Act on Patient’s Rights and the Ombudsman of Patient’s Rights of 6 November 2008, consolidated text: Journal of Laws of 2016, item 186 as amended). The discussion of this problem was inspired by the Supreme Court judgment of 4 November 2016, I CSK 739/15, passed in a case whereby the plaintiff sought satisfaction “for injury suffered by the loss of an unborn child as a result of diagnostic and therapeutical errors” which she believed had occurred at the hospital which was sued. The Supreme Court did not specify which personal right of the plaintiff had been violated, which is separately commented on in this article. As concerns compensation, the Court expressed an opinion that “With respect to a claim for monetary compensation for infringement of patient’s rights under Art. 4.1 it shall suffice to prove culpable behaviour of the medical staff of a health service facility which violated certain patient’s rights.”