The obligation to prove the prerequisites for the Hospital’s liability rests with the plaintiff – favourable court judgment for a hospital from Wielkopolska

On 19 May 2021, an almost 6-year-long trial for the payment of PLN 250,000 compensation for the infringement of personal rights in the form of family and emotional ties was concluded.

The case was brought by the patient’s family against a hospital in Wielkopolska.

The Regional Court issued a judgment dismissing the claim of the patient’s spouse due to the failure to substantiate the claim. In the verbal grounds for the verdict, the Court of First Instance pointed out that the plaintiff, when demanding compensation from the respondent Hospital, in accordance with the burden of proof under Article 6 of Civil Code should prove that all prerequisites for allowing the claim have been met, which, in the opinion of the Court, the plaintiff failed to do.

The above confirms the position presented by the Law Firm that in the so-called “medical lawsuits” it is the plaintiff suing doctors or medical entities that should present evidence showing that the treatment provided did not meet the standards of current medical knowledge and was not carried out with due diligence.

In the case at hand, the plaintiff did not meet the above requirements, and the medical opinion issued by the court expert confirmed that the Hospital’s personnel did not make an error.

The case was conducted by attorney-at-law Joanna Zielińska of the Department of Medical Law and Services for Health Care Entities as part of comprehensive legal services provided to the Hospital by the Law Firm.