Medical Law and Compensation
Patient compensation after medical error — from records review to litigation and settlement with the insurer.
Medical malpractice cases place a burden on patients and their families that is not only legal but also emotional — they unfold in parallel with treatment or grief. The firm’s practice in this area focuses on rigorous case analysis before commencement and on conducting cases in a way that conserves the client’s energy where possible.
What usually lies behind a medical malpractice case
Most cases involve one of three events: a diagnostic error (a missed or wrong diagnosis), a therapeutic error (incorrect treatment or surgical technique), or a breach of patient rights (defective consent, inadequate information about risks). The mere fact of post-treatment complications does not establish error — medical progress and the natural course of disease can be unpredictable. The first task is therefore to determine whether grounds for a claim exist on the specific facts.
The starting point is the complete medical record from every facility involved in treatment, and where needed, consultation with an independent medical expert. Only then is it possible to assess whether the claim is sound, what order of magnitude is realistic, and what procedural risk the client takes on.
Patient and family claims
A patient who has suffered bodily harm may claim compensation for non-pecuniary damage, damages covering treatment, rehabilitation, and care costs, an annuity making up for lost income, and other supplementary claims. In case of death of a close relative — compensation for breach of family bond, maintenance annuity, reimbursement of funeral expenses.
The scope of available claims depends on the health consequences, the victim’s life situation, pre-event income, and the evidentiary record. For minors and persons with permanent injuries, the expected value of claims is often many times higher than the insurer’s pre-litigation valuation.
Procedure
Representation covers the full course of the case: demand letter to the hospital or insurer, settlement negotiations, proceedings before the Regional Commission for Adjudication on Medical Events (where appropriate), the action, evidentiary phase with experts, closing arguments, and appeals. Some cases settle after the expert opinion or after the first-instance judgment — particularly when the insurer evaluates appeal risk as adverse.
Cases with an international element
A recurring type involves harm suffered by Poles treated abroad and foreigners treated in Poland. In these cases, before any merit issue, jurisdiction, applicable law, and enforceability against the defendant’s or insurer’s assets must be established. The firm’s practice includes coordination with counsel in other jurisdictions and case handling in the client’s language.
- 01 You suspect that harm to your health resulted from a medical or diagnostic error.
- 02 You have received a denial of compensation from a hospital or insurer.
- 03 A loved one has died and the family wants to determine whether there was medical wrongdoing.
- 04 You are seeking counsel to pursue compensation, an annuity, or reimbursement of treatment costs.
- 05 As a patient, you were not properly informed of the risks of a procedure and suffered harm.
- 06 You suffered harm during treatment abroad and wish to pursue claims.
- 01
Medical records review
Obtaining the complete medical record from the hospital or clinic, identifying key entries, and where appropriate consulting a medical expert. Assessing whether grounds exist to pursue a claim.
- 02
Pre-litigation steps
Demand letter to the hospital or insurer, attempt to settle, possible proceeding before the Regional Commission for Adjudication on Medical Events — where facts and the client's needs justify it.
- 03
Litigation
Action for compensation, damages, an annuity, or reimbursement of treatment costs. Motion for appointment of experts in the relevant medical specialty. Representation at every stage.
- 04
Enforcement or settlement
Enforcement of the judgment or implementation of the settlement. In matters involving insurers — enforcement under the hospital's or doctor's liability policy.
Cases with an international element typically involve Poles treated abroad and foreigners harmed during treatment in Poland. In both, what controls is jurisdiction, applicable law for liability (Rome II), and enforceability of judgment in the defendant's State of residence. The medical operator's liability policy is often decisive for effective enforcement.
How long do I have to bring a medical malpractice claim?
As a rule, tort claims become time-barred 3 years after the injured party learned of the damage and of the person liable, but no later than 10 years after the event. For persons who were minors at the time of the event, separate rules apply.
What claims can a patient bring?
Most often compensation for non-pecuniary harm, damages covering treatment and rehabilitation costs, lost earnings, a supplementary annuity, and — in case of death of a close relative — compensation and an annuity for relatives. Scope depends on health consequences, life situation, and the evidentiary record.
Do I need an expert opinion to start the case?
In court, a court expert opinion is practically indispensable to prove fault and causation. Before commencing proceedings, analysis of the medical record combined with consultation of a medical expert usually suffices to assess the merits and risk.
What about the "presumption of consent" — by signing a document before surgery, do I lose all recourse?
No. Consent covers risks ordinarily associated with a properly performed procedure. It does not exclude liability for technical fault, mistaken diagnosis, improper indication, failure to inform of risks, or breach of patient rights.
Should I go to the Commission for Adjudication on Medical Events or to court?
Commissions are faster but operate within a narrower scope and award lower amounts than the courts. The choice depends on the scale of harm, the client's needs, and the evidentiary record. The Commission can also serve as an intermediate step — particularly when the hospital refuses settlement.
Dispute Resolution and Civil Law
Negotiation and litigation in civil and family matters.
Criminal Law and Personal Rights Protection
Defence in criminal matters and protection of personal rights, including privacy.
Family and Inheritance Law
Cross-border custody, divorce, property division, and the ascertainment of inheritance acquisition.