Hospital is not liable for patient’s fall – Court dismissed claim against our Client

On 17 June 2021, the Regional Court in Poznań issued a judgment dismissing a payment claim brought by a patient against one of Poznań hospitals.

The claimant was seeking payment of a total of PLN 400,000.00 in compensation and damages in connection with a fall she suffered whilst receiving rehabilitation services in 2015.

The Regional Court in Poznań held that the claimant failed to prove that the adverse event in the form of a fall occurred due to the fault of the medical personnel and as a result of failure to observe safety rules at the Hospital. Moreover, based on the evidence gathered, including expert opinions, the court stated that there is no adequate causal link between the accident and the damage to the patient’s health.

Thus, the above did not allow attributing the liability to the hospital on the basis of Articles 415 and 430 of the Civil Code.

The case was conducted by attorney-at-law Paulina Kozłowska and attorney-at-law Anna Piotrowska-Musioł from the Department of Medical Law and Services for Health Care Providers as part of the comprehensive legal services provided by the lawyers to the Poznań Hospital.