First benefits for patients from the Medical Events Compensation Fund

Prepared with patients and their families in mind, the solutions are the result of cooperation between Minister of Health Izabela Leszczyna and Patient Ombudsman Bartlomiej Chmielowiec, and the cases investigated will be helpful in improving safety for all patients.

- A decree issued by Health Minister Izabela Leszczyna launches the operation of the Medical Event Compensation Fund. The new out-of-court procedure makes it possible to grant patients and their families financial support in the event of an avoidable injury during treatment. They are no longer condemned to a lengthy, costly legal dispute and trial," says Bartlomiej Chmielowiec, Patient Ombudsman. - The proposals prepared together with Minister Izabela Leszczyna through consultations meet the expectations and needs of patients. The issued regulation provides for a broad catalog of circumstances giving the right to compensation, and the compensation amounts have been significantly increased. This is excellent information for patients," emphasizes Patient Ombudsman Bartlomiej Chmielowiec.

Benefit will help a child with a rare disease

The first decision signed by Bartholomew Chmielowiec concerns a child suffering from a rare congenital disease - achondroplasia. During surgery performed for abnormal bone development, an important nerve was damaged, resulting in leg paresis, requiring years of rehabilitation. This complication was not due to a medical error, and as a result, the girl's parents would have had no chance of obtaining compensation from the hospital or its insurer. However, as experts from the Medical Events Compensation Fund Benefits Team, appointed by the Ombudsman, assessed, there was a chance to avoid this damage if another available treatment method had been chosen. As part of the Compensation Fund, the injured party was granted financial support in the amount of PLN 96,000. She will also receive a document entitling her to receive healthcare services out of turn.

Help for patient with acute leukemia

Another case is related to a hematopoietic cell transplantation procedure in an acute leukemia patient who had been successfully treated for hepatitis B in the past. In such a case, according to current medical knowledge, drugs should have been administered to prevent hepatitis recurrence. However, this did not happen, and the patient soon began to suffer from symptoms that were diagnosed as reactivation of hepatitis. The ombudsman, on account of the medical event, awarded the patient a benefit of more than PLN 80,000. He can also count on a certificate allowing privileged access to further treatment.

Support for two children and wife of deceased patient

Three other decisions concern the death of a 44-year-old patient who was taken to the hospital in serious condition after a car accident. His treatment in the intensive care unit was hampered by an infection with three strains of bacteria. As a result, the patient's condition deteriorated drastically, leading to his death. The Ombudsman's investigation determined that the patient's death was most likely avoidable. In accordance with the applicable tariff, the deceased's two minor children received amounts of PLN 90,000 each, and his wife received PLN 80,000.

Obtaining compensation does not require proving fault

Office staff are working intensively on more cases, which will soon translate into more decisions and payouts. In the mode implemented by the Ombudsman, obtaining compensation does not require proof of the hospital's fault. This makes it possible to compensate for damages to a much broader extent than is the case with claims asserted through liability insurance or against the treatment facility. The filing of a claim with the Ombudsman itself is very simple, and a number of facilities are provided for the procedure.

Benefits of up to 200 thousand zlotys.

Patients can receive a benefit of up to PLN 200 thousand. In order to calculate the amount, the amounts attributed to the individual consequences of the medical event are summed up - in terms of damage to health (the maximum amount for this is PLN 150 thousand), inconvenience of treatment (up to PLN 75 thousand) and deterioration of quality of life (also up to PLN 75 thousand). In turn, each of the deceased patient's relatives can expect a benefit of up to PLN 100 thousand. These amounts will be indexed annually for inflation.

Source: MPC