On 13 August 2021, the Regional Court in Poznań, as a result of an appeal filed by attorney-at-law Joanna Zielińska on behalf of a Poznań Hospital, set aside the preliminary judgement by virtue of which the District Court for Poznań-Grunwald and Jeżyce in Poznań held that the claim for compensation and damages for an accident sustained on the premises of the hospital was well-founded.
The verdict was issued under the following actual circumstances: the plaintiff came to the Hospital as a patient’s companion and upon entering the building she had her leg caught on the doormat and, as a result, suffered an injury to her foot. The injury was diagnosed more than 5 years ago, and – in the opinion of the defendant – the plaintiff did not have any evidence indicating that the event causing the injury occurred during her stay at the Hospital. Accordingly, the Firm’s Client took the position that it was not liable for the plaintiff’s injury.
The Court of First Instance issued a preliminary ruling in the case, holding that in the light of the circumstances presented by the plaintiff, the Hospital is liable for the injury suffered by her. The Court was to decide on the amount of the plaintiff’s claims in the final ruling. However, the preliminary ruling was effectively appealed against by the Hospital’s attorney, who presented arguments to the effect that there were no grounds for holding the health care institution liable for the injury.
The case was conducted by attorney-at-law Joanna Zielińska and barrister Paulina Kozłowska of the Department of Medical Law and Services for Health Care Providers as part of the legal services rendered to the Poznań Hospital.
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