The problem of medical incidents in the practice of assessment committees, entities providing medical services and insurers Cover Image

Problematyka zdarzeń medycznych w praktyce komisji orzekających, podmiotów leczniczych oraz ich ubezpieczycieli
The problem of medical incidents in the practice of assessment committees, entities providing medical services and insurers

Author(s): Małgorzata Serwach
Subject(s): Law, Constitution, Jurisprudence
Published by: Polska Izba Ubezpieczeń
Keywords: medical incident; insurance for patients; compulsory insurance, Medical Incident Assess- ment Committee; entities providing medical service

Summary/Abstract: Since the moment when the new regulations took effect the issue of liability for medical incidents and of related insurance for patients has been of particular interest to the science of law, which indicated doubts connected with their interpretation. In mid-2012, the legislator amended the regulations, chang- ing qualification of medical incident insurance from compulsory to voluntary. The temporary change of the nature of the insurance in question, as well as the new regulations related to the possibility of calculating the sum insured (deductible of the entity providing medical services) not only have not solved the existing problems, but also have led to numerous additional objections. The aim of this article is to present legal doubts related to the amended regulations, and to assess them from the perspective of the operation of Medical Incident Assessment Committees, as well as the procedure participants: the entity providing medical services and its insurer. In addition, the author dis- cusses practical consequences of applying the new regulations, and practical objections visible after one year of the Committees’ operation.

  • Issue Year: 2012
  • Issue No: 4
  • Page Range: 3-16
  • Page Count: 14
  • Language: Polish
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