Denial of the correctness of consent given for a craniotomy procedure - a discussion of the judgment of the Regional Court in Gdańsk of 26 March 2019, ref. no. I C 202/14

Abstract

The civil case, which was resolved by a non-final judgment, was pending for compensation for health damages caused by a neurosurgical procedure of clipping of brain aneurysms in a post-stroke patient. The result of the examination was inconclusive - showing three aneurysms and two suspicious areas, requiring further observation. After opening the skull, it became clear that one of the of these areas was a diffuse aneurysm that had previously ruptured without characteristic symptoms. The other three were successfully clipped and the spilled blood was partially aspirated and the brain was protected from further damage. However, the patient's condition eventually deteriorated and she developed significant disability. On this basis, she deduced that surgery was performed incorrectly and her consent was also defective, as she was not informed of the possibility of such complications. The allegations of the lawsuit were not supported by the evidence on the record. evidence. The court dismissed the claim on the grounds that the diagnostic and treatment procedures were performed correctly, and the complications are not the consequence of the operation, but rather a consequence of unexplained bleeding discovered only intraoperatively.