CEDH · CASELAW;COMMUNICATEDCASES;ENG — 23 juin 2025

.s800EAC49 { font-size:12pt } .s379BC09C { margin-top:36pt; margin-bottom:0pt; text-align:right } .sBB9EE52A { font-family:Arial } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s339D85E6 { margin-top:0pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s665E407E { margin-top:66pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s29100277 { font-family:Arial; font-weight:bold } .s10950C61 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify } .s25D5DE94 { margin-top:66pt; margin-bottom:0pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:7pt } .sA36B60A1 { font-family:Arial; font-style:italic } Published on 15 July 2025   FIRST SECTION Application no. 15273/23 Ewa PALICHLEB against Poland lodged on 10 April 2023 communicated on 23 June 2025 STATEMENT OF FACTS The application concerns the failure to carry out an effective and independent investigation into an alleged medical malpractice. In May 2010 the applicant was admitted to hospital. She underwent spine surgery after which she suffered a septic shock. In life-threatening condition, she was transferred to another hospital where she underwent various treatments followed by lengthy hospitalisation; she continues to suffer from serious health problems related to those events (she sustained damage to heart and other organs and paralysis of one limb). The investigation initiated on her request ended with a final discontinuation of the proceedings by the Kłodzko District Prosecutor on 27   April 2015. On 1 June 2015 the applicant lodged a subsidiary bill of indictment against the doctors responsible for her treatment. On 16 March 2021 the Kłodzko District Court acquitted the doctors, and subsequently the Świdnica Regional Court dismissed her appeal. The Supreme Court dismissed the applicant’s cassation appeal as manifestly ill-founded on 16   November 2022 (served on 19 January 2023). Invoking Articles 2 and 6 of the Convention, the applicant complains that the investigation into her allegation of medical malpractice, in which she almost lost her life, was not effective and independent. In particular, the judicial system took almost twelve years to finally examine the case in criminal proceedings and the authorities were not diligent.   QUESTION TO THE PARTIES Having regard to the procedural protection of the right to life, was the investigation and judicial proceedings in the present case by the domestic authorities into the alleged medical malpractice in breach of Article   2 of the Convention (see Salman v.   Turkey [GC], no.   21986/93, § 104, ECHR   2000 ‑ VII and Lopes de Sousa Fernandes v. Portugal   [GC], no.   56080/13, §   214, 19 December 2017)?