Existing user? Sign in
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Medical malpractice covers situations in which a patient suffers harm because a healthcare provider did not act with the competence, care or diligence reasonably expected in the circumstances. In Kolbuszowa, as elsewhere in Poland, claims can arise from surgical errors, diagnostic mistakes, delayed treatment, medication errors, childbirth injuries, failure to obtain informed consent, or inadequate follow-up care. Remedies and procedures draw on several legal tracks - civil claims for compensation, criminal proceedings when gross negligence or intent is suspected, and disciplinary proceedings through medical chambers for professional sanctions.
This guide gives an overview of what to expect locally, who to contact for help, typical evidence used in malpractice matters, and practical next steps. It is for information only and not a substitute for personalised legal advice.
You may need a lawyer when a medical treatment caused harm and you want to seek compensation, or when you need help navigating disciplinary or criminal complaints. Common situations include:
- Serious personal injury or death after medical treatment - where compensation and liability must be established.
- Complex causation issues - when it is unclear whether the outcome was due to an unavoidable risk or substandard care.
- Disputes over medical records or access to documentation - a lawyer can demand and secure necessary evidence.
- Negotiating settlements with a hospital, clinic, or insurer - to ensure any agreement covers future care and losses.
- Preparing for or responding to criminal or disciplinary procedures - lawyers advise on rights, procedure and representation.
- Claiming for long-term costs such as rehabilitation, prostheses, loss of earnings, or non-pecuniary damages for pain and suffering.
Key legal elements relevant to medical malpractice in Kolbuszowa include the following.
- Civil liability - Claims for damages are brought under the Civil Code. To succeed you generally must show three elements - wrongful act or omission by the health professional, a causal link between that act and the loss, and quantifiable damage. Compensation can include past and future medical costs, lost income, rehabilitation, and non-pecuniary damages.
- Limitation periods - Time limits apply for civil claims. Typically you have three years from the date you learned of the damage and the identity of the person liable to bring a claim, with an absolute limit often set at ten years from the date of the incident. Because rules can vary by case, you should check deadlines promptly.
- Burden of proof - The injured person carries the primary burden of proof. In practice medical expert opinions are often decisive to establish breach of standards and causation. Courts frequently appoint independent experts as well.
- Disciplinary responsibility - Complaints about professional conduct are handled by regional medical chambers (Okręgowa Izba Lekarska). Proceedings can result in admonitions, reprimands, fines, suspension, or striking from the register of practitioners.
- Criminal liability - Where gross negligence or reckless conduct causes serious injury or death, criminal charges may be possible. These matters are handled by the police and prosecutor. Criminal proceedings are separate from civil claims.
- Patient rights and access to records - Under patient rights law, patients have the right to access and receive copies of their medical records. Obtaining medical documentation is often the first practical step when preparing a claim.
- Alternative procedures - Many disputes are resolved by negotiation, mediated settlement or through complaints handled by patient representatives at hospitals or by the Rzecznik Praw Pacjenta. Litigation is only one possible path.
Malpractice is conduct by a healthcare provider that falls below the accepted standard of care and causes harm. Examples include surgical errors, wrong-site surgery, severe diagnostic delay, medication errors, failures in consent, and inadequate post-operative care. Each case depends on its specific facts and expert assessment.
Begin by obtaining and securing full medical records from the provider. Consider a formal complaint to the facility and to the patient rights representative. Consult a lawyer experienced in medical malpractice to assess liability, gather evidence, and advise on civil, disciplinary and criminal options.
Expert reports are central to malpractice claims. Costs may be borne initially by the party seeking the opinion, by the court if it orders an expert, or by agreement between parties. Your lawyer will explain expected expert fees and whether advance payment is required.
Limitation periods vary but you should act promptly. Generally you have three years from learning of the harm and who caused it, and an absolute limit of around ten years from the incident. Specific rules may affect the deadline, so seek legal advice early.
Yes. Civil, disciplinary and criminal routes are independent and can proceed in parallel. A disciplinary complaint to the regional medical chamber focuses on professional sanctions, while a civil suit seeks compensation.
Possible compensation items include medical treatment costs, rehabilitation, prostheses, medicines, travel costs for treatment, lost earnings, future loss of earning capacity, and non-pecuniary damages for pain and suffering or loss of quality of life. In death cases relatives may claim funeral costs and non-pecuniary loss.
Civil claims require establishing liability on balance of probabilities. Medical documentation, expert opinions, witness statements and bills are key. Gaps in records can harm a claim, so preserve notes, prescriptions, appointment records and correspondence.
If you succeed in court, you may recover court costs and a portion of legal fees from the losing party. The court decides amounts. Many lawyers offer initial consultations and may work under conditional fee arrangements or success fees - discuss costs and fee agreements up front.
Free legal assistance may be available through public legal aid schemes for eligible persons, legal aid clinics, or pro bono services. Check local legal aid offices and ask potential lawyers about payment options and conditional fee arrangements.
Claims are possible against private clinics under the same legal principles. Jurisdiction and procedural details may differ if treatment occurred in another country. Consult a lawyer to determine where to bring a claim and how cross-border issues affect evidence and enforcement.
- Rzecznik Praw Pacjenta - the national patient rights ombudsman and regional offices - can advise on patient rights and complaints procedures.
- Okręgowa Izba Lekarska - regional medical chamber (the regional branch covering the Subcarpathian Voivodeship) - handles disciplinary complaints against doctors.
- Local hospital patient rights representatives - every public hospital has a designated person to receive complaints and assist patients in obtaining records and explanations.
- Regional prosecutor and police - for reporting possible criminal offences arising from medical conduct.
- District court and civil courts - for civil claims; confirm which local court has jurisdiction in your case by asking a lawyer or court staff.
- Local bar associations and legal aid offices - for referrals to experienced malpractice lawyers and information on free or low-cost legal help.
- Patient and consumer rights NGOs - local patient advocacy groups and consumer organisations can provide practical support and advice.
1. Preserve evidence - Request and obtain complete copies of all medical records, test results, prescriptions, discharge summaries, bills and correspondence. Note dates, names of attending staff and details of events while memories are fresh.
2. Seek medical review - Obtain an independent medical opinion about the cause of the harm and whether the treatment met professional standards. This will help assess whether legal action is viable.
3. Contact a lawyer - Choose a lawyer experienced in medical malpractice and ask about experience with cases in your region, likely costs, expected timeline, and fee arrangements. Bring your records to the first meeting and ask about immediate steps to preserve evidence.
4. Consider complaint routes - File a formal complaint with the healthcare provider, the patient rights representative at the facility, and the Rzecznik Praw Pacjenta if appropriate. If you suspect criminal negligence, you may report the matter to police or the prosecutor.
5. Be mindful of deadlines - Note statutory limitation periods and act early. Missing a time limit can prevent recovery of compensation.
6. Explore settlement and alternatives - Many cases settle out of court. Your lawyer can negotiate a settlement that addresses present and future needs, or pursue litigation if settlement is not possible.
If you are in Kolbuszowa and uncertain where to start, a local lawyer or the patient rights representative at your treating facility can normally point you to the correct next step. For complex or serious injuries, seek legal advice promptly to protect your rights and preserve evidence.
