Polish patient rights advocates warn hospitals are illegally refusing treatment to patients who seek compensation from a medical error fund.
Medical Error Compensation Fund Access Cannot Be Penalized
Seeking compensation for medical errors from the Medical Events Compensation Fund (FKZM) cannot be grounds for a hospital to deny treatment to a patient who has suffered harm. The patient rights ombudsman warns that exercising legal rights must not limit access to healthcare.
If a medical error during hospital treatment results in bodily injury, health impairment, or hospital-acquired infection, a patient seeking compensation does not immediately need to file a lawsuit against the hospital. A simpler process exists, saving time and money while potentially funding private rehabilitation for full recovery.
Fund Offers Compensation Without Court Action
The Medical Events Compensation Fund (FKZM), managed by the patient rights ombudsman (RPP), allows patients to obtain compensation for medical errors without going to court. Benefits from the FKZM, up to a maximum of 230,821 złoty, can be paid to the injured patient or to the family of a deceased person due to improper treatment.
Common Compensation Cases & Fund Statistics
Compensation is most frequently awarded in cases of hospital-acquired infections, delayed diagnoses, surgical errors, improper treatment organization, severe post-operative complications, and patient death following hospitalization. As of the end of 2025, the RPP had received over 2,500 applications for benefits from the FKZM.
During this time, the ombudsman issued nearly 600 positive decisions for patients, with a total payout amount reaching 34 million złoty.
Hospitals Illegally Refusing Treatment After Claims
The RPP is receiving reports of hospitals denying further treatment to patients who have filed claims with the FKZM. The patient rights ombudsman stresses this is unacceptable and is thoroughly investigating each case.
Fund Operates on a “No Fault” Basis
The FKZM operates under a “no fault” principle, meaning it does not determine the guilt of medical personnel or the healthcare facility. Importantly, the hospital is not even a party to the proceedings, providing no basis for penalizing the patient for exercising their legal rights. Patient access to healthcare should not be negatively impacted by filing a claim.
Patients Retain Choice of Healthcare Provider
The ombudsman also reminds patients within the National Health Fund (NFZ) system have the right to choose their healthcare provider. Even if a doctor is changed under legal circumstances, the patient remains under the care of the healthcare facility. Protecting patients’ rights requires ensuring they are not met with additional difficulties when seeking care.
