Gloss to the Judgment of the Court of Appeal in Szczecin dated December 29, 2014 – Organizational Fault of the Medical Facility

Abstract

The gloss refers to the judgment of the Court of Appeal in Szczecin dated December 29, 2014, in a case concerning the plaintiff’s infection with the HCV virus during a hospital stay. In this case, the courts had to address issues of the medical facility’s tort liability, based on medical records, expert opinions, and testimonies. The main issue was the possibility of infection occurring at the hospital and potential negligence by the medical staff. The Court of Appeal's ruling relied on the application of the so-called anonymous fault and the prima facie evidence doctrine. However, procedural analysis raises certain doubts regarding the establishment of the hospital's liability. The gloss highlights significant issues related to hospital-acquired infections, including the evidentiary difficulties that arise in medical cases. It criticizes the fact that the court largely relied on factual presumption, without concrete evidence of negligence by the medical staff.