Damage caused by medical treatment
You’ve suffered damage as a result of actions or negligence of a medical professional? You should know that the Law on Health obliges medical professionals and institutions to give you treatment based on certain standards of practice. On the other hand, the Law on the Rights and Obligations of Citizens in Healthcare ensures that you have a right to demand compensation for material or non-material damage which resulted from improper medical treatment, infections caused by conditions within the hospital or malfunctioning medical equipment.
Your healthcare institution is obliged to provide services in accordance with the principles enshrined in the Law on Health as well as the Charter of Patient Rights (AI 15/2013). If you feel like you’ve received improper treatment, Article 24 of the Law on the Rights and Obligations of Citizens in Health Care states that you have the right to file a complaint with the health institution within 60 days when the incident occurred. The health care institution should investigate the complaint and inform you in writing on the findings of the investigation. The healthcare institution should have internal operational rules for such procedures.
You have the right to lodge a request for damage compensation no later than one year from the time when you first became aware of the damage that was caused. The request should be filed to a special Commission established by the Ministry of Health, regardless of whether the healthcare institution was a public or private one. The Commission is obliged to review the request within three months. It should determine the extent of the damage that was inflicted and the amount that should be paid. The decisions of the Commission are legally binding for the Ministry of Health.If you don’t agree with the Commission’s decision, you can appeal to a competent court.