The Łódź-Północ District Prosecutor's Office has charged a doctor from Łódź with involuntary manslaughter of a patient. According to investigators, the doctor twice overlooked cancerous lesions on computed tomography scans, which delayed diagnosis and treatment. The woman died in 2024. Charges related to medical errors are rare in the Polish justice system, and the case has sparked a discussion about the professional responsibility of doctors.
Charge of involuntary manslaughter
The prosecutor's office has charged the doctor under Article 155 of the Penal Code, i.e., involuntary manslaughter. The investigation showed that his omission in overlooking cancerous lesions had a causal link to the patient's death.
Twice overlooking cancer on CT scan
The basis for the charges is the analysis of two chest CT scans of the patient, performed several months apart. On both, the doctor allegedly failed to notice changes suggesting cancer development, which prevented early treatment initiation.
Patient's death in 2024
The patient involved in the case died in 2024. The prosecutor's office does not disclose her personal data or details regarding the type of cancer to protect the privacy of the deceased's family.
Rarity of criminal charges against doctors
Pressing criminal charges against a doctor in connection with a diagnostic error is an unusual occurrence in Poland. Most cases concerning medical errors end at the stage of disciplinary proceedings before medical courts or civil compensation claims.
The Łódź-Północ District Prosecutor's Office has pressed charges against a doctor from Łódź in connection with a patient's death in 2024. According to the investigation's findings, the doctor twice, several months apart, overlooked cancerous lesions on the woman's chest CT scans. The delay in diagnosis prevented early treatment initiation. The prosecutor's office qualifies the act as involuntary manslaughter, as provided for in Article 155 of the Penal Code. The case concerns tests performed in 2022. On the first CT image, taken at the beginning of the year, the doctor did not notice suspicious changes. Several months later, when the patient came for another follow-up examination, the image again showed changes that were also overlooked. Only a later, correct diagnosis made by another specialist revealed advanced cancer. The woman died in 2024. The prosecutor's office does not provide details regarding the type of cancer or the deceased's personal data, respecting her family's privacy. Criminal liability of doctors for medical errors is rarely enforced in Poland. The dominant path for pursuing claims is civil lawsuits for compensation and damages before common courts and disciplinary proceedings before regional medical courts. The latter can result in penalties imposed by the medical self-government, including a warning, reprimand, suspension of the right to practice, and in extreme cases, revocation of the license. Pressing charges under Article 155 of the Penal Code, which provides for a penalty of up to 5 years' imprisonment, requires proving unintentional fault and a causal link between the omission and the patient's death.The doctor, whose identity has also not been disclosed, faces imprisonment. The case has already been sent to court. In the Polish medical community, similar criminal proceedings are controversial. Some experts fear they may lead to defensive medicine, i.e., excessive testing for fear of lawsuits. Others emphasize that ensuring patient safety requires an individual assessment of each situation, and penalties should target cases of gross negligence. The Łódź case shows how difficult it is to prove a causal link between a delay in diagnosis and death, especially in the case of oncological diseases with varied, often unpredictable courses.