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Patient with unusual complication after surgery. She will receive compensation for lack of information

Patient with unusual complication after surgery. She will receive compensation for lack of information
  • The case of a patient who discovered a wound on her head after a procedure - as part of the treatment for a brain haemangioma - was brought to the court in Kraków, as explained by "RP"
  • The woman's hair fell out at the site of the injury and never grew back.
  • The hospital assured that at no stage of treatment did the facility suffer any negligence or injury that could have led to the scar on the head.
  • The court ruled that the skin lesions on the patient's head were an unusual and rare complication, i.e. postoperative alopecia.
  • The court ruled that the baldness was not the hospital's fault, but awarded the woman PLN 10,000 in compensation for the lack of information about what was happening to her health
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Rzeczpospolita cites the case of a patient who was investigated by the District Court for Kraków-Śródmieście. The woman was admitted to hospital for the next stage of treatment for a brain hemangioma. After undergoing the procedure and waking up a day later than originally planned, the patient reported a very severe headache. In addition, she discovered a wound on her head, but no one was able to explain where it came from. A search for the cause of the injury began.

As it results from the further report of "RP", the attempt to diagnose it as a hematoma was unsuccessful, but ultimately it was decided that the patient would leave the hospital without recommendations for the care of the aforementioned wound. After leaving the facility, the woman tried to look for instructions on her own. What is more, the woman's hair fell out at the site of the injury, which later did not grow back.

Ultimately, the case went to court, but the hospital assured that at no stage of treatment did the facility suffer any negligence or injury that could have led to the scar on the head. The facility – as explained by “RP” – was to explain that it had not ignored the scar. The hospital did not provide detailed information about the cause of the damage, because it had not been determined.

However, based on the expert opinions, the court ruled that the skin lesions on the patient's head were an atypical complication, i.e. post-operative alopecia, developed under the influence of the medical procedures she was subjected to at the facility, "RP" reported.

In turn, according to the dermatologist, this disease attacks extremely rarely and there are no procedures or guidelines that should be applied during or immediately after the operation. As "RP" points out, the court found that the patient was not properly informed about how the wound on her head was caused. As a result, the woman and her family members did not know what her actual condition was.

At the same time, it was emphasized that the presented circumstances do not lead to the conclusion that the hospital committed an action or omission that caused damage to the patient's health. On the other hand, the court emphasized that the patient's rights were violated because she did not receive information about her health condition.

- The plaintiff felt aggrieved and humiliated by the doctors. It should be emphasized that the hospital is not responsible for the plaintiff's harm related to the loss of hair in the occipital part of the head and the negative psychological feelings associated with it, but for her harm caused by the violation of her right to information - indicated the District Court, quoted by "RP".

He also ruled that the woman should be paid 10 thousand złoty in compensation. The aforementioned judgment is final.

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