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Determining the amount of compensation for infection with a biological pathogen, bodily injury or impairment of health, or death of a patient.

18 January 2024 was the deadline for submitting comments on the draft Regulation of the Minister of Health on determining the amount of compensation for infection with a biological pathogen, bodily injury or impairment of health, or death of a patient.

 

According to the draft, in the case of infection with a biological pathogen and bodily injury or impairment of health, the patient's ombudsman must take into account the nature of the health consequences and the degree of discomfort resulting from the medical event, including inconvenience of treatment, damage to health and impairment of quality of life.

 

Each of these categories refers to specific circumstances to which specific monetary values have been assigned. They are subject to aggregation, with the understanding that the total amount of compensation in the area of health impairment may not exceed PLN 100,000, and in the area of inconvenience of treatment and impairment of quality of life - may not exceed PLN 50,000 each.

 

In the event of the death of a patient, the amount of compensation is determined taking into account the nature of the relationship between the claimant (spouse, cohabitant, first-degree relative, person in an adoptive relationship) and the deceased patient, as well as the age of the claimant and the age of the deceased patient.

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