Europe

Three doctors have been charged over the death of a pregnant woman, named only as Dorota, while she was in hospital under their care. Prosecutors found that “there was a failure to undertake appropriate diagnostic and therapeutic procedures, which led to the patient’s death”.

Dorota’s death in 2023 prompted mass protests against Poland’s near-total abortion ban, which activists blamed for the doctors’ decision not to terminate the pregnancy despite it threatening the woman’s life. It also led the then government to take action to ensure pregnant women receive appropriate medical care.

Dorota, who was aged 33, was admitted to John Paul II Hospital in the city of Nowy Targ in May 2023 while five months pregnant after her waters had broken prematurely. She died a few days later as a result of septic shock.

According to the findings of prosecutors, a few hours before her death, an ultrasound scan showed that the foetus had already died, reports the Polish Press Agency (PAP).

The state commissioner for patients’ rights concluded that Dorota’s rights had been violated both in terms of not receiving appropriate medical care and not being provided with correct information about her health condition.

On Friday, prosecutors announced that they had filed charges against three gynaecology and obstetrics doctors involved in Dorota’s care, one of whom was at the time head of the hospital department.

All were charged with exposing the patient to immediate danger of loss of life and one was additionally charged with unintentionally causing her death. Both of those crimes are punishable by up to five years in prison.

A lawyer representing Dorota’s family, Jolanta Budzowska, welcomed the charges but added that the “liability of medical personnel is only one dimension of this tragedy”.

“The source of medical errors is often unclear law, which requires change,” said Budzowska. “The arbitrary interpretation of the applicable regulations creates a risk for both doctors and patients.”

Budzowska is also representing the family of another woman, Izabela, whose death in hospital in 2021 while pregnant also prompted mass protests against the abortion law.

“After Izabela’s death, recommendations were issued by the health minister,” noted the lawyer. “But these did not prevent Dorota’s death, and subsequent positions and standards issued by medical associations do not solve the problem of the lack of safety for women.”

Earlier this year, a medical court suspended three doctors from practising medicine after finding negligence in their treatment of Izabela, including their decision not to terminate her pregnancy despite signs of the development of sepsis.

Supporters of Poland’s strict abortion law argue that it is not to blame for such incidents because it stillincreas allows pregnancies to be terminated if they threaten the mother’s life or health. They say the tragedies are the result of medical malpractice.

However, protests against the law, which was toughened in 2021 after a constitutional court ruling, argue that it has created an atmosphere in which doctors are fearful of legal consequences for performing abortions.

In 2021, only 107 legal abortions were carried out in Poland (and most of them before the new law went into force in late January) compared to over 1,000 in 2020, when the previous law was in place. Since then, the number of terminations has increased, though remains well below the previous level.

The current government, which came to power in December 2023, has pledged to liberalise the abortion law. However, it has so far failed to do so, as it has been unable to find agreement between more conservative and liberal elements of the ruling camp on what form the new law should take.