Doctors Made a Mistake, the Patient Died — But Her Family Won't Get Compensation, Czech Constitutional Court Rules

In 2018, a patient died at a hospital in the Czech town of Šumperk after her treatment was marred by a medical error. Despite this, her six relatives will not receive any compensation from the hospital — a decision confirmed by the Czech Constitutional Court.

The woman was admitted to the hospital on June 4 and was initially placed in the intensive care unit. A few days later, doctors moved her to a standard ward, where she stayed from June 6 to June 9, before being transferred once again — this time to the department of anesthesiology, resuscitation and intensive care (ARIU). She died there on June 25.

What the Expert Review Found

According to the investigation, the decision to move the patient to a standard ward was itself a breach of proper medical care — a deviation from the so-called "lege artis" standard, meaning established medical protocols. At the time of the transfer, the woman's condition was already serious and continued to deteriorate. She later developed heart problems, and the onset of sepsis with pneumonia may have been aggravated by the fact that her bed stood in direct sunlight during hot weather.

Experts concluded that keeping a patient with sepsis in a regular ward was a mistake. Nurses repeatedly had to suction mucus from her airways and flagged the worsening of her condition. Eventually, she developed general exhaustion accompanied by impaired consciousness. According to specialists, she should have been transferred back to a specialized unit that same day, or at the very latest by June 8.

"The patient's deteriorating condition was not addressed adequately, and the decision to move her to intensive care came too late. There, her condition temporarily improved, but later — despite correct treatment — it worsened again for unknown reasons and ultimately led to her death," the court ruling states.

Why No Compensation Was Awarded

The six relatives of the deceased sought 6 million koruna in compensation from the hospital. However, according to the Czech judicial system, a proven medical error alone does not automatically entitle claimants to financial compensation.

"It is impossible to establish a causal link between the defendant's breach of duty and the patient's death, since the fatal outcome could have occurred even with optimal treatment — with a 50% probability. A causal link must be proven with a high degree of certainty; it must be shown to be the predominant cause, and mere hope of recovery is not sufficient," the courts stated.

The relatives appealed to the Constitutional Court, but found no support there either. "Not every close relative of a person harmed by shortcomings in medical care is automatically entitled to compensation," the panel, led by reporting judge Martin Smolek, stated in a ruling published recently.

"In this case, the general courts concluded that no causal link was proven between the hospital's departure from proper medical practice and the patient's death. Therefore, the claimants' right to compensation for non-material damage did not arise," the Constitutional Court concluded.

Source: novinky.cz