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After long judicial proceedings, the state paid BGN 100 000 compensation to wrongly accused doctors
November 4, 2014After a 10-month delay the state prosecution paid BGN 100 000 compensation to the three doctors charged in the death of 5-month-old Maria in Pazardzhik hospital seven years ago. Then the child died of sepsis after a 5-day stay, and the doctors, who at different times were on duty at the clinic, were accused for her, the newspaper reminds.
During the proceedings the forensic examination of national consultants proved that doctors were innocent. After a lengthy trial, the doctors were acquited by all instances. All three in turn brought action under the Responsibility of the State and Municipalities Act against the prosecution for unjust accusations, stress and humiliation caused which they won.
Several days ago the doctors Georgi Pavlov and Tanya Daneva received BGN 40 000 each and their colleague Petjo Hadjiiski – BGN 20 000. The final decision of the Supreme Court of Cassation was delivered in January, but the payment of the compensation was delayed because the prosecution did not have sufficient funds. The compensation determined by the magistrates is among the significant amounts in this kind of cases in our country.
“I feel satisfied because it was proven that we have done all that is needed to help the child,” said Dr. Paul George. But he painfully recalls the stress he was under after the indictment. “I was wondering whether it can continue with medicine. I stopped taking specialization examinations and graduated only when we were acquited. I started smoking heavily and brought myself heart problems,” the pediatrician said.
Whether money can compensate for the suffering is difficult to assess. He still can not erase the memory of the accusatory stares and the suspicion of his colleagues and people.
The other two doctors – Dr. Daneva and Dr. Hadjiiski, stay away from any publicity. They have long since left the Pazardzhik and work in Plovdiv in an attempt to settle their lifes anew.
In Bulgaria there is no legal definition of the term “medical” error and the lack of specific legislation categorically requires a broad and thorough public debate involving all stakeholders before adopting such. The increasing number of court cases related to the professional responsibility of physicians in outpatient care is an occasion to present an extract of the proposal of Health Insurance Company “DALLBOGG – Life and Health”: PROFESSIONAL RESPONSIBILITY OF MEDICAL STAFF – suitable for general practitioners and specialists in outpatient care.
Risk covered: All amounts which the Insured in the course of professional activity as a qualified doctor/medical specialist has to pay in connection with claims for compensation for bodily injury (including permanent disability) or death caused to patient(s) due to negligence, errors or omissions in professional services; All amounts which the Insured (hospital) is liable to pay for damages caused by persons working under its authority or on its behalf while performing any activity or holding position specified in the insurance contract;
All expenses related to the claims for damages incurred with the consent of the Insurer, and stipulated in the policy limits include the cost of settling claims.All expenses related to the claims for damages incurred with the consent of the Insurer, and stipulated in the policy limits include the cost of settling claims.
Insurance amounts / limits of liability and insurance premiums Limits of liability Premium per person single aggregate BGN 10 000 BGN 50 000 BGN 50 Provided that there are no claims filed, when the contract in renewed the limit of liability is doubled against the same premium of BGN 50.
Provided that there is a claim filed, the original limit is entered.More information can be obtained at dallbogg.com and on tel. 0700 16 406