Medical malpractice

The case of medical malpractice is a matter of  the court - not for the commissioner for patients rights. This is the judgment of the Supreme Administrative Court (case no. Act II OSK 1082/16 ) . SAC pointed out that if a plea concerns medical malpractice it is vested in the way of compensation, not for infringement of the patient. This means that in case of causing harm to the patient as a result of improper treatment the patient can apply for a compensation from the hospital where treatment were proceed – in court.

These roads are significantly different. Violation of patients' rights - which are defined in the Act on the rights of the patient and the commissioner for patient rights - can relate to the technical operation not in a material aspect. The Ombudsman can therefore deal with for example - possible infringements in the queue for surgery or eligibility to it , not the issue of errors in implementation.

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