A farmer has been suing the Health Inspectorate for several years, asking for compensation for losses caused by a broken hip prosthesis. The Regional Administrative Court upheld the woman’s claim in part, ordering the state to pay seven thousand euros instead of the required 90 thousand. However, both the applicant and the Health Inspectorate will appeal against this judgment.
The hip woman broke in the spring of 2014. The dog broke the chain and she fell. At the district hospital, the doctor, considering both the woman’s chronic illness and osteoporosis, decided in favor of cement prosthetics. After a year and eight months, this prosthesis broke.
“According to what the manufacturer in India has put on the website, it is intended for old, weak, vulnerable people who do not walk much, because for more active people this prosthesis damages the pelvic cavity and loins,” explains the victim’s representative in court Olaf Libermanis.
This was followed by reoperation and insertion of an artificial joint. The woman believes that she is entitled to compensation and has applied to the Medical Risk Fund.
On the other hand, the Health Inspectorate, which decides on the payment of compensation in case of medical negligence or error, does not see any harm to health this time.
“The method was chosen correctly in this particular case, but it does not mean that it is absolutely safe. But any other method would have higher postoperative risks.
There is no unified register in Latvia, which would provide information on all patients who have experienced inflammation, dislocation or fracture of the prosthesis. This would certainly make you aware of the scale of the problem. The Inspectorate agrees that the prosthesis did not have to break.
“Well, it’s such a rare complication. The prosthesis is designed for sustainable functioning, stable, monolithic, recognized by the EU,” says Matison,
In litigation with the state, the woman managed to reach a partially favorable verdict. Instead of the requested 90 thousand euros, the Administrative Regional Court has ordered compensation of seven thousand.
“We want more. I wouldn’t sell my hip for seven thousand. It’s a bigger lesion. It’s the biggest bone. The hip head has been removed permanently. , “points out Libermanis.
Both parties will appeal the judgment.
Traumatology is an area that is most often complained about by the Medical Risk Fund. Applications are still most often considered in four areas: traumatology – 51; in surgery – 47; in gynecology and obstetrics – 32; in dentistry – 27 applications.
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For years, residents’ applications for possible damage to health or life have been reviewed by specialists of the Health Inspectorate. It is an opportunity to obtain compensation without trial in the event of damage caused by a doctor’s mistake or negligence.
Last year, the largest number of applications in the history of the fund was considered – 254 applications. The existence of injury has been established in 44 cases. In one of them, the maximum possible amount was paid for death – 142 thousand euros. In several cases – 70 thousand euros. Patient-friendly decisions are declining every year. However, the intention to save money is denied by the inspection.
“Doctors examine objectively. And if they see this harm, then the patient is clearly paid compensation from the risk fund,” emphasizes Anita Slokenberga, Deputy Head of the Health Inspectorate in Health Care, acknowledging that this is not the case.
To apply to the Medical Risk Fund, you must fill in the form found on the Health Inspectorate’s website. If the application is not satisfied, as in the case of a broken hip, then legal proceedings are adjourned.
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