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In a civil case concerning compensation for the death of a patient, the Klaipėda Regional Court held that the Šilutė Hospital must compensate for material and non-material damages caused by the illegal actions of its doctors.
The plaintiffs, the deceased’s spouse and two adult children, filed a lawsuit seeking pecuniary and pecuniary damages for the inadequate and poor quality services provided by the hospital, which resulted in the death of the patient. The spouse of the deceased claimed EUR 30,000 for non-pecuniary damages, the adult children (son and daughter) of the deceased claimed EUR 20,000 for non-pecuniary damages and the daughter EUR 2,750 for pecuniary damages related to funeral expenses. The plaintiffs claimed that Šilutė Hospital doctors did not provide adequate, high-quality and qualified care, did not make a diagnosis in time, as a result of which the patient (wife and mother) who was discharged from the hospital died prematurely .
The defendant Šilutė Hospital did not agree with the claim, arguing that the patient had received the necessary assistance based on his health condition at the time of referral, there were no illegal actions by the doctors, all necessary examinations had been carried out and the patient was discharged the same day. prescribed medications improved.
The district court, which examined the case in the first instance, determined that the patient came to Šilutė Hospital for the first time in 2017 due to deteriorating health. October 31 at night, the doctor who examined her Ž. D. prescribed tests, medications, and discharged the patient late at night. The patient arrived at Šilutė Hospital for the second time in 2017. November 2 in the morning, but there is no record in the record that the doctor on duty at that time, VM, provided medical care to the patient. Later that morning, the patient was admitted by a doctor, AMK, he prescribed tests, medications and indicated that the patient’s condition was satisfactory, he discharged her that morning and in the evening the woman died of a myocardial infarction.
After evaluating the data of the case, the court concluded that the three doctors had committed illegal actions (omissions) that resulted in the death of the patient: Dr. Ž. D. incomplete collection of the patient’s medical history, underestimation of pain intensity, premature discharge of the patient, who recommended aspirin; the VM doctor, who had to work during the patient’s second visit to the hospital, did not provide the patient with the necessary medical assistance; During the patient’s second application to the hospital, the AMK physician incompletely collected medical history, ordered a blood test too late, underestimated the importance of testing, selected an inappropriate treatment, and provided inappropriate recommendations for further treatment, and he did not have to transfer the patient to the Klaipeda Marine Hospital.
The court determined that the three plaintiffs were entitled to compensation for non-pecuniary damages, although the defendant argued that the children of the deceased patient were already adults and therefore were not entitled to compensation for non-pecuniary damages due to deprivation of life according to the law. The regional court, having carried out a systematic analysis of the norms of the Civil Code and taking into account the explanations of the Lithuanian Supreme Court, declared that adult children are also entitled to compensation for non-pecuniary damage due to deprivation of life regardless of your ability to work. The court recognized that there was a close and close relationship between the children of the deceased, although they lived separately, for which they were entitled to compensation for moral damage as a result of the death of the mother.
The court awarded the plaintiff (the patient’s spouse) compensation for non-pecuniary damages of 30,000 euros and declared that the relationship between the spouses was close, close, respectful, exclusive and irreplaceable, they lived in marriage for 32 years, the plaintiff knew well the illness of the spouse and the death of the spouse as a result of the illicit actions of the doctors caused him great moral damage.
The court awarded 5,000 euros in non-pecuniary damages to the plaintiffs, the adult children of the deceased patient, stating that they no longer lived with their mother and that their emotional connection was not particularly strong. The plaintiff also received monetary damages of 2,750 euros for the death of the grave. The costs of the litigation incurred by the parties were distributed in proportion to the claims satisfied and rejected in proportion, the report released by representatives of the Klaipėda Regional Court on Friday.
The decision of the regional court can be appealed to the Lithuanian Court of Appeal within 30 days from the date of its adoption.
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