Zadośćuczynienie w razie naruszenia prawa pacjenta do informacji o alternatywnej metodzie wykonania zabiegu operacyjnego
Compensation for the Violation of the Patient’s Right to Information About an Alternative Method of Performing Surgery

Decision of the Court of Appeal in Poznań of 8 March 2018, I ACa 917/17

Summary/Abstract: In the commented judgment, the Court of Appeal in Poznań found that if the plaintiff had been informed about the possibilities of ensuring additional safety of the procedure of nodular goiter excision of the thyroid gland, she would not have given her consent for its performance in the defendant medical entity. She could thus avoid the effect of damage to the recurrent laryngeal nerves. As a consequence, the court assumed liability not only for the violation of patient’s rights according to art. 4 p. 1 of the Act on Patient’s Rights, but also cumulatively awarded compensa- tion under art. 445 of the Polish Civil Code, assuming responsibility for bodily harm and health impairment.

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