On October 27, a conference featuring an unusual mock trial format was held at WUM’s Didactic Center. The event was hosted by Prof. Aleksandra Czerw, Head of the Department of Health Economics and Insurance at WUM’s Center for the Humanities and Social Sciences in Medicine. The mock trial, which concerned a case of medical malpractice, was prepared by Dorota Charkiewicz, a judge and Deputy Head of WUM’s Department of Health Economics and Insurance, who holds a PhD in Law. WUM students took on the roles of the judge, the parties to the dispute, lawyers, witnesses, and members of the audience.
What was the dispute about?
The plaintiff in the mock trial was Barbara, a retired woman suffering from cancer. She was seeking PLN 125,000 in damages from a hospital where a surgical drape had been left in her abdominal cavity during surgery. The error had serious consequences for Ms. Barbara. It resulted in an internal abscess, causing severe pain, weakness, and a deterioration in her psychological well-being. Another operation was also necessary, this time to remove the surgical drape. It is worth noting that this case was based on a real incident, although the names of the people involved were changed for the purposes of the simulation.
Emotions ran high in the courtroom
By watching the mock trial, conference participants were able to experience what it is like to be in a real courtroom. They heard witness testimony, statements from both parties, and the opinion of an expert surgeon. The proceedings also prompted some emotional reactions. Finally, the judge delivered the verdict. The incident was classified as an organizational error, and the hospital was ordered to pay Ms. Barbara PLN 80,000 in damages, plus statutory interest.
Important for students and medical professionals
For students, the conference was an opportunity to see what legal liability in the medical profession means in practice, how easily medical errors can occur, and what consequences they can have. This is particularly useful knowledge, as Robert Bryzek, Director of the Compensation Benefits Department at the Office of the Patient Ombudsman, explained that between 800 and as many as 1,000 lawsuits concerning such cases are filed in Polish courts every year.
Guests at the trial
The conference was attended by Prof. Rafał Krenke, Rector of WUM, as well as representatives of the university’s faculty authorities: Prof. Paweł Włodarski, Dean of the Faculty of Medicine; Prof. Robert Gałązkowski, Dean of the Faculty of Health Sciences; and Dr. hab. Piotr Regulski, Vice-Dean of the Faculty of Dental Medicine.
Other guests included Anna Jagielska, a representative of the Regional Medical Chamber and a judge of the Regional Medical Court, and Robert Bryzek, Director of the Compensation Benefits Department at the Office of the Patient Ombudsman.
