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Poland / Supreme Court / IV CSK 270/15

S.W. v University Hospital

Deciding Body type:
National Court/Tribunal
Deciding Body:
Supreme Court
Decision date:

Key facts of the case: 

The applicant S.W. underwent an eye operation in the Clinical Hospital. As a result of a medical mistake, he lost sight in his right eye (his left eye has not been functional since his birth). Consequently, S.W., who used to be an active and independent man, had to start relaying on the help of third persons and give up many of his regular activities. S.W. submitted a lawsuit against the Clinical Hospital. The Appellate Court granted him the compensation in the amount of 40.000 PLN (approx. 10.000 EUR) and damages in the amount of 350.000 PLN (approx. 90.000 EUR). While deciding on the amounts of compensation and damages, the Court took into consideration, among many other circumstances, also the life situation of the applicant and his age (the applicant was 74). The Court noted that in case of elderly people the amounts of damages and compensation had to be properly balanced and include the life expectation (different than in case of younger people who may live longer and suffer from the consequences of e.g. medical mistakes). The applicant, who requested higher amounts of damages and compensation, submitted a cassation appeal to the Supreme Court.

Outcome of the case: 

The Court decided that the provisions of the Charter were not violated in this case and dismissed the application.