The death of Isabella of Pszczyna. There's a final court ruling

The territory Court in Katowice announced a final judgement on the death of 30-year-old Isabella, who died in September 2021 in a infirmary in Pszczyna. Her unborn kid had died earlier. 3 doctors were sentenced to prison sentences — 1 to 1 and a half years in prison — and to respective years of prohibitions.

The judgement was given after the appeal was heard from the court's ruling. The defence disagrees with the ruling and announces the cassation to the ultimate Court. The organization representing the deceased's household emphasizes that the court has imposed severe penalties for "failure of simple medical duties and ethics" and "for not trying to save a young woman's life".

Tragic Events of 2021

Isabella went to the territory infirmary in Pszczyna in the 22nd week of pregnancy after the birth of the fetus. An unborn kid previously had malformations. A female died of septic shock. She orphaned a few-year-old daughter.

The household pointed out from the beginning that doctors had waited besides long to decide on abortion, which, in their opinion, contributed to the death of a 30-year-old. Then the pro-abortion movements began manipulating information and utilizing the death of a female to incite unrest in our society by claiming that a female died as a consequence of the Constitutional Court's judgment. It is true, however, that this ruling had no bearing on the situation as it did not concern the threat of the mother's life.

Amendment of the second instance

The court of First Instance in Pszczyna found all 3 doctors guilty of exposing the patient to the direct danger of death, and 1 of them additionally—involuntary manslaughter.

Krzysztof P., who succeeded the chief of the gynaecological and obstetric ward, was initially sentenced to a year of probation and a four-year ban on profession. The another 2 doctors heard sentences of absolute imprisonment (year and 3 months, and year and six months) and six years of prohibitions.

Later, the territory court partially changed the ruling – taking into account the prosecutor's appeal, the prosecution tightened the conviction against Krzysztof P., besides ruling against him a ruthless imprisonment. This means that all 3 doctors were sentenced to prison without suspension.

Only the operative part of the judgement was public; the justification was read without media participation due to the fact that the process was conducted with the exception of disclosure.

Reactions after judgment

Prok. Magdalena Filipowicz confirmed that the court took into account the prosecutor's appeal:

‘In accordance with the judgment, all 3 defendants were sentenced to absolute penalties without conditional suspension’

– informed.

The defence has announced that an extraordinary remedy has been brought:

"We are questioning both the responsibility of our client and the penalty, and there will surely be an extraordinary remedy in this case," said the manager. Adam Gomola, protector of 1 of the doctors.

The deceased's brother, Michael Zientek, did not cover pain and disappointment:

“If they were not doctors but average citizens, they would have been given 15, 20 years... You will not return anything to me," he said.

The household attorney, Mr Marek Malar, stressed that the death of Isabella was a “fail of the full system”. Mr Jolanta Budzowska wrote in a statement:

"Strengthening the conviction for a doctor acting as Chief of Staff and ruling against him for 1 year of imprisonment without suspension is consistent with the feeling of justice. This doctor was liable not only for providing medical assistance to Mrs Isabella, but besides for organising work in the ward.”

Mec. Karolina Kolary pointed out that in specified cases the sentences of a ruthless prison were seldom handed down and indicated a advanced degree of guilt and the social harm of the act.

A spokesperson for the government of Adam Sz Trapka was besides asked to comment, who stated that he did not comment on the court's rulings, but pointed out that the doctors acted in certain legal conditions and atmosphere of that time.

Findings of control and follow-up

After the death of Isabella, a infirmary inspection was carried out by the NFZ, which confirmed irregularities in the organisation and quality of the benefits provided. A financial punishment of nearly PLN 650 1000 was imposed on the facility.

The Ombudsman considered that the patient's rights had been infringed and made recommendations on, among another things, the implementation of procedures in the event of a septic shock and in the event of a life-threatening situation of a pregnant woman. The infirmary conducted additional staff training and expanded safety procedures.

In 2023, relatives of the deceased settled with the infirmary insurer. Her terms stay confidential.

In the light of the teaching of the Church and of the applicable law, in a situation of real and direct danger to the life of the mother, the doctor has the right, or even the obligation, to take action to save her life, even if the side effect of specified actions is the death of a kid who could not be avoided. This is not an effort against a child, but a dramatic effort to save a life that can inactive be saved.

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Source: pap.pl