On Thursday, a final judgement was handed down in the loud case of the pregnant death of Isabella of Pszczyna, which shocked Poland in September 2021. The territory Court in Pszczyna found 3 doctors guilty of their alleged actions. 2 of them were sentenced to absolute imprisonment and a long-term ban on the profession, while the 3rd 1 heard a suspended sentence. This is simply a landmark ruling in the process, which has become a symbol of the conflict for patients' rights in Poland and has sparked nationwide protests under the slogan "Neither 1 more". The verdict, although indeterminate, carries behind it far-reaching consequences for accused doctors and sheds fresh light on medical work in cases of threat to the mother's life.
Key Judgments and Consequences for Doctors
The territory Court of Pszczyna announced judgments that mostly coincide with the prosecutor's demands, stressing the importance of negligence in patient care. Andrzej P., a gynecologist on an afternoon shift, was sentenced to one year and six months of absolute imprisonment. In addition, he was banned from the profession for six years. The court found him guilty of exposing Isabella to a direct danger of death, which remained due to the causality of manslaughter.
A akin destiny Michael M.gynecologist on morning work in the E.R. He besides heard the conviction one year and 3 months of absolute imprisonment and a six-year ban on profession. Both doctors did not plead guilty during the interrogations.
The 3rd defendant, Krzysztof P., Deputy Head of the Gynecological and Obstetric Division, who succeeded the Chief of Staff, was sentenced to 1 year of imprisonment on probation for 2 years. He besides received a fine and a four-year ban on the profession and was ordered to apologize. All 3 doctors were found guilty of exposing the patient to the immediate danger of death by those on whom he had a work of care. The operative part of the judgement was public, but the court ruled out transparency for the time erstwhile the oral justification was given.
Geneza Cases: From Tragedy in Pszczyna to National Protests
The case of Isabella of Pszczyna dates back to September 2021, erstwhile a 30-year-old woman, who was 22 weeks pregnant, went to the territory infirmary in Pszczyna after the fetal waters left. A number of malformations have previously been observed in the foetus. Despite the worsening condition of the patient, the decision to discontinue pregnancy to save her life has not been made. As a result, Isabella died of septic shock, orphaning a few-year-old daughter.
This tragedy has caused a nationwide wave of outrage and protests. Under the slogan “Not 1 more” thousands of people went to the streets demanding changes in abortion laws and medical procedures to prevent akin tragedies. Protests were a direct consequence to fears that the 2020 Constitutional Court ruling exacerbating abortion law could have contributed to doctors' omissions in fear of legal consequences.
Invalid judgement and Further Legal Steps
It should be stressed that the Thursday judgement is invalid. This means that each organization – both the prosecutor's office and the defenders of the accused doctors – has the right to challenge it. Marek Malara, representing Mrs Isabella’s brother, stated that “the conviction itself can be at least partially satisfactory to the families of the victims.” In order to decide on a possible appeal, it will be essential to consult the written reasons for the judgment, which parties have 14 days after receipt.
Prosecutor Magdalena Filipowicz of the territory Prosecutor's Office in Katowice besides expressed her satisfaction with the judgment, although she signalled any doubts that the details could not be given due to the confidentiality of the oral justification. Further proceedings will depend on the examination of the written motives of the court, which may lead to another installment of this high-profile case in the higher court.
Prior Proceedings and strategy Failures
The criminal trial was not the only investigation into Isabella's death. In January of this year, the territory Medical Court in Katowice found doctors guilty of deficiency of due diligence in treating the patient, suspending their right to practice the profession for 2 and 5 years. However, that ruling was repealed by the ultimate Medical Court, which referred the case to re-examine, which demonstrates the complexity and multifacetedity of the case.
Regardless of criminal and disciplinary proceedings, another institutions have besides investigated the case. The National wellness Fund audit showed numerous irregularities in Pszczyński hospital in the manner of implementation and quality of the services provided to Isabella. Consequently, the NFZ imposed on the infirmary a punishment of nearly PLN 650 thousand. The Ombudsman besides identified a violation of patient rights and issued recommendations to the infirmary to make and implement procedures for the treatment of septic shock and life-threatening or health-threatening situations. The infirmary responded to additional training and extended safety procedures, although initially the authorities of the facility assured that the staff had made all effort and the decisions were legal and standard.
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Doctors from Isabella from Pszczyna convicted. 2 of them are going to prison, no profession for years.
