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This guide explains legal options for families dealing with birth injuries in Kolbuszowa, Poland. "Birth injury" covers a range of physical or neurological harms to a newborn that occur during pregnancy, labor, delivery, or immediately after birth. In Poland, claims related to birth injuries can involve civil liability for damages, possible criminal investigations for serious negligence, and disciplinary or administrative measures against medical staff or institutions.
Cases are typically handled under Polish law and through local courts and administrative bodies. Many of the practical steps and legal rules are the same across Poland, but local institutions in Kolbuszowa and the surrounding county provide initial points of contact, medical records, and local expertise.
A lawyer experienced in medical malpractice and personal injury can help you at every stage - from securing medical records and arranging independent medical opinions to calculating compensation and representing you in court. You may need a lawyer if any of the following apply:
- The child has ongoing medical needs, disabilities, or developmental delays that may be linked to how care was provided during pregnancy, labour, or delivery.
- Health care providers or a facility deny responsibility or refuse to share complete medical documentation.
- You need to preserve evidence, obtain expert opinions, or build a medical causation case connecting care failures to the injury.
- You want to pursue damages for medical costs, rehabilitation, lost earnings, pain and suffering, or future care needs.
- You consider filing a criminal complaint or disciplinary complaint about the conduct of medical staff.
Key legal frameworks and practical aspects relevant to birth injury claims in Kolbuszowa include the following.
Civil liability - Claims for compensation for birth injuries are usually pursued under the Polish Civil Code as tort claims. You must show that a medical provider breached the accepted standard of care and that this breach caused the child's injury. Compensation can cover past and future medical costs, rehabilitation, assistive devices, pain and suffering, and lost earnings where applicable.
Limitation periods - Time limits apply to bring civil claims. For tort claims the limitation period is typically three years counted from the date when the injured person or their legal representative learned about the damage and the person liable, with an absolute limit that generally prevents claims after ten years from the event. These time limits can be complex when injuries are discovered years after birth, so act promptly.
Criminal liability - If the conduct of medical staff was grossly negligent or reckless, a criminal investigation may be possible. The Prosecutor's Office handles such investigations. Criminal proceedings can run alongside civil claims but have separate standards and goals.
Administrative and disciplinary measures - Complaints may be filed with the Medical Chamber (Naczelna Izba Lekarska) against doctors, which can lead to disciplinary sanctions. Complaints about patient rights can be directed to the Patient Ombudsman (Rzecznik Praw Pacjenta).
Medical expertise - Courts rely heavily on expert medical opinions provided by appointed experts or independent specialists. Building strong documentation and retaining qualified medical experts is critical for proving causation.
Public providers and procedural differences - Many hospitals are public entities funded by the National Health Fund. Claims against public bodies can involve specific procedural steps and documentation - a local lawyer can identify any special administrative notice requirements or internal complaint routes that should be used before or alongside court action.
Birth injury generally refers to physical or neurological harm to a newborn that occurs during pregnancy, labour, delivery, or immediately after birth. Legally, it is any injury for which there is reason to believe that a health care provider breached professional standards and that the breach caused or worsened the child’s condition.
Begin by requesting the child and mother’s full medical records from the hospital and any treating providers. Keep a detailed timeline of events, symptoms, and treatments. Seek an independent pediatric or neonatal specialist for a second opinion. Contact a lawyer experienced in medical malpractice to evaluate the case and advise on evidence gathering and deadlines.
Potentially liable parties include attending physicians, obstetricians, midwives, nurses, and the hospital or clinic that employed them. Liability depends on whether the standard of care was breached and whether that breach caused the injury.
Compensation can cover medical treatment and rehabilitation costs, assistive devices and home modifications, ongoing care and therapy, lost income of caregivers, and non-pecuniary damages for pain and suffering. Future needs are also considered when calculating damages.
Time limits apply and are important. For tort claims related to personal injury, the limitation period is generally three years from when the injured person or their representative became aware of the damage and the liable person, with an absolute limit commonly around ten years from the event. Because these rules can be nuanced, consult a lawyer quickly to preserve your rights.
Yes. If the medical conduct appears to be grossly negligent or reckless, you can submit a criminal complaint to the Prosecutor’s Office. Criminal investigations are separate from civil claims and focus on punishment rather than compensation. A criminal finding can support a civil case but is not required to win civil damages.
Yes. Expert opinions are critical in birth injury claims to establish the standard of care, identify any breach, and connect that breach to the injury. Courts often rely on court-appointed experts, but independent expert reports prepared early can guide case strategy and settlement discussions.
You can file complaints with the Patient Ombudsman (Rzecznik Praw Pacjenta) about violations of patient rights, and with the Medical Chamber for disciplinary action against doctors. These routes can create administrative pressure and records that may support civil or criminal proceedings.
Many cases are resolved by settlement. A settlement can provide quicker access to funds for medical care and rehabilitation and avoid lengthy court processes. A lawyer can negotiate on your behalf and ensure any settlement fairly accounts for future needs.
Look for lawyers or law firms with experience in medical malpractice, personal injury, or birth injury cases. Ask about their track record with similar claims, whether they use medical experts, fee structures, and whether they offer initial consultations. You can also contact regional bar associations or free legal aid points for referrals.
Below are practical resources and institutions that can help you get information or start official procedures.
- Rzecznik Praw Pacjenta - patient rights complaints and advice.
- Narodowy Fundusz Zdrowia (NFZ) - information about public health services and coverage for treatments and rehabilitation.
- Naczelna Izba Lekarska and local medical chambers - disciplinary procedures and information about medical professionals.
- Prokuratura - the Prosecutor’s Office handles criminal complaints related to serious medical negligence.
- Local hospital administration - request full medical records and internal complaint procedures from the hospital where care was provided.
- District courts and court registries - for filing civil claims; a lawyer will identify the correct venue.
- Free legal aid points under the government program "Nieodpłatna pomoc prawna i poradnictwo obywatelskie" - may provide initial legal advice and referrals.
If you believe a birth injury occurred, take the following practical steps promptly:
- Request and secure full medical records for the mother and child from every facility involved. Ask for copies in writing and keep receipts of requests.
- Document facts immediately - dates, names of staff, symptoms, treatments, conversations, and witnesses.
- Seek an independent medical assessment from a pediatrician, neonatologist, or other relevant specialist to document the injury and its likely causes.
- Contact a lawyer experienced in birth injury and medical malpractice to review the case, explain time limits, and plan next steps. Bring all records and the independent medical opinion to the consultation.
- Consider filing complaints with hospital administration, the Patient Ombudsman, and the Medical Chamber where appropriate. If criminal negligence is suspected, discuss filing a criminal complaint with your lawyer.
- Preserve any physical evidence and maintain clear records of all medical and financial costs related to the child’s care and any time taken off work to provide care.
Acting quickly helps protect legal rights and improves the chances of securing needed care and compensation. A local lawyer can guide you through the specific procedures that apply in Kolbuszowa and the surrounding courts and institutions.
