Operation of the opposite knee: the patient judged only six thousand. The Supreme Court has set aside the judgment, is – SME
18. May 2025 at 16:00
I
The civil process begins again.
Nitra. The man who operated the opposite knee in Nitra hospital succeeded with the appeal. The Supreme Court abolished both judgments (first -instance and regional) from 2023. The case is returned to the District Court in Nitra.
The resolution is from the end of March, the participants were not delivered until May. When a new hearing is started, it is not yet intended. The file is already back in Nitra.
František Rapan still did not operate the « right knee », he is afraid. The hospital has only paid him only six thousand euros as non -pecuniary damage.
They were wrong
Formerly the former football The representative underwent surgery in 2019. But the joint was exchanged on the opposite leg as agreed. It was a mistake.
The patient asked the hospital as a non-pecuniary damage of 65,000 euros plus more than 10,000 for difficult social application.
In April 2023, the District Court ruled that it was only entitled to six thousand euros as non -pecuniary damage. He did not grant the claim for the difficult social application of the plaintiff. He appealed.
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In October 2023, the Regional Court confirmed part of the first instance judgment (refusal of non -pecuniary damage of EUR 59 000), canceled part and returned the case for further proceedings. Tomáš Stoklasa, who represents the hospital in the dispute, confirmed that they had already paid six thousand euros to Rapan.
The District Court should again decide on the claim for the complaint of social application – Rapan applied for EUR 10 811. The source says that it has not been decided to this day, since the file was in the meantime went to the Supreme Court – the plaintiff filed an appeal against the decision of non -material damage.
Thus, in the renewed proceedings, the District Court will decide again.
He did not hide disappointment
The first verdict of the District Court disappointed the plaintiff. « It is a disaster. A catastrophe. No one takes into account that they actually wrote me down for the rest of my life, » said František Rapan in April 2023.
The hospital did not question that she had wrong, but the amount of damage (65,000) objected. In particular, she argued that although they operated on the wrong knee, it was not healthy.
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