A diagnostic error may be the detection of a non-existent disease or the fact that the actual disease is not recognized. A misdiagnosis does not necessarily make you guilty, as it may be the result of a patient’s lack of symptoms or a diagnosis of symptoms that do not indicate the disease in question. However, this may be due to a lack of further research or an inaccurate collection of interviews. The most common therapeutic errors occur during birth. The Court of Appeal in Poznan has considered diagnostic medical error “unable to connect CTG registration, which resulted in an incorrect decision for termination of labor by natural forces during
When an immediate cesarean was absolutely necessary. As a result, the minor applicant received ischemic-hypoxic perinatal injuries, which led to a 100% irreversible deterioration of his health ‘(9). On the other hand, the Lublin Court of Appeal stated that a surgical error (consisting of erroneous surgery) is “a continuation of the natural birth, despite the absolute indications for a cesarean section.
In the Court’s opinion, the doctor made a wrong decision, ignoring the symptoms that appeared in the first stage of labor, which, according to experts, clearly indicated the threat of intrauterine asphyxia of the fetus as a result of his hypoxia. The consequence of the error was to cause serious and irreversible damage in the form of cerebral palsy and significant concomitant mental disorders . “ (10).
An indisputable therapeutic mistake will also be the choice of a wrong method or an imperfect method of treatment by prescribing a wrong medication, not instructing the patient on the method and frequency of its use and refusing to refer the patient to a (11) It is also a therapeutic mistake to perform an operation despite medical contraindications or to refuse it despite absolute indications.It is also a mistake to perform the procedure without indications, although there are exceptions, for example, non-drug cosmetic surgery procedures performed for beauty purposes.