Obowiązkowe ubezpieczenie pacjentów od następstw zdarzeń medycznych
Obligatory patient insurance against medical incidents

Summary/Abstract: The amendment of the Act on Patient Rights and Patient Ombudsman, effective as of 25 March 2011, introduces a new procedure for patient claims for damage to person, if the damage is a consequence of the so called medical incidents. The incidents will be investi- gated by special Voivodship Commissions appointed by Voivods. At the same time, the Act on Healthcare Activity of 18 March 2011 obliges all healthcare entities which manage hos- pitals to obtain patient insurance against damages caused by medical incidents; the insur- ance is to be effective as of 1 January 2012. The findings of the Voivodship Commissions for Medical Incidents will be binding on the given insurer and the insurer will be obliged to pay compensation to the aggrieved patients; the maximum amounts of damages, compensa- tion, and potential disability allowance are set out in the amended Act on Patient Rights.The payments will be made to claimants by the insurer which has entered into the obligatory patient insurance against medical incidents with the relevant healthcare entity.The article provides an overview of the patient insurance, presents its characteristics, and points out the related numerous problems and doubts. In this aspect, the regulations which introduce the new type of insurance are flawed and raise many questions. This article attempts to address the most significant of those questions.

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