Prosecutor Seeks to Uphold Acquittal in Ziobro Father’s Death Case

Prosecutor Eryk Stasielak of the National Prosecutor’s Office has urged the Krakow District Court to uphold the 2017 acquittal of four physicians charged in the death of Jerzy Ziobro.

Prosecution Stance on Medical Evidence

Prosecutor Eryk Stasielak argued that despite conflicting expert opinions, there is no definitive proof of medical malpractice. He maintained that any remaining doubts must be resolved in favor of the physicians under the presumption of innocence.

Stasielak emphasized that medicine is not mathematics. He noted that even if complications occurred following the stent procedures, such outcomes do not automatically signify a flawed medical process or criminal negligence.

Nature of the Medical Allegations

The case centers on alleged diagnostic errors regarding the type of angina from which Jerzy Ziobro suffered, which the prosecution argues led to incorrect therapy. It remains impossible to determine if an alternative diagnosis or bypass surgery would have saved the patient’s life.

The prosecutor concluded that the evidence does not support the elements of any crime, whether related to endangering the patient or causing his death.

Legal History and Timeline

Jerzy Ziobro died in July 2006 at the University Hospital in Krakow. After two previous dismissals by the prosecution, the victim’s family filed a private indictment in 2011. The public prosecutor joined the case in 2016, leading to a 2017 acquittal.

The current appellate proceedings began in 2018, featuring a recent expert opinion from the University Center of Legal Medicine in Lausanne. The court is scheduled to announce its final ruling on July 23.