Project Updates

Effective investigation of medical malpractice is necessary

LIGA lawyers have been dealing with cases involving severe mistakes made by medical practitioners in the course of their work.

In collaboration with MDAC, Liga is currently representing a client who, last year, after accidentally taking a larger dose of medication then he meant to, was admitted to the ‘sobering-up station’ in Brno. Although medical professional transporting Mr. L. to the hospital mentioned that he was calm and composed, when he arrived at the sobering-up station he was strapped to a bed. The straps which were used to restrain Mr. L. caused him serious injury. The wounds to his wrists were so serious that they took approximately 2 weeks to recover from. Mr. L. lodged a criminal complaint against the medical staff. 

During the investigation, it was proven that wounds to Mr. L were caused by the omission of the controls put in place, including the regular check-ups of Mr. L ‘s state, during the time he was strapped to the bed. Yet, despite this fact, the case was thrown out by the Court.

However, this fact was later corroborated by the criminal prosecutor and hence, LIGA and MDAC are preparing a constitutional complaint on behalf of Mr. L. Unfortunately however, the Constitutional Court of the Czech Republic is currently refusing to deal with this case, and cases of a similar nature, such investigations into unlawful sterilizations, and therefore LIGA lawyers, and the MDAC, will simultaneously lodge an application with the European Court of Human Rights on behalf Mr. L. However, it is likely that the legal application for damages will be lodged with the Czech court. 

LIGA points out the fact that the use of restraints within the health services sector is not regulated by law, and hence that there are no guidelines or procedures laid out within the law, concerning legitimate use and precautions of using such measures, although their use may seriously interfere with s person’s fundamental rights. This constitutional deficiency however, will be cured in due course, due to the forthcoming adoption of a new law on the health services, currently being prepared by the government.