Odpowiedzialność prawna lekarza wydającego orzeczenie o braku przeciwwskazań do kierowania pojazdem za konsekwencje spowodowania wypadku przez kierującego, u którego wystąpiły objawy choroby w postaci utraty świadomości
Legal liability of a doctor issuing a certificate of no contraindications to driving a vehicle for the consequences of causing an accident by a driver who has symptoms of an illness manifesting itself in loss of consciousness

Summary/Abstract: Owning your own vehicle was a symbol of wealth and prestige just a decade ago. Today, motorization is essential for a significant portion of society. It increases quality of life and earning potential. Recognizing the importance of owning a vehicle, the legislature allows people with disorders manifesting as loss of consciousness to drive. The aim of this article is to highlight a loophole in the law, which is the limited ability, or even nonexistent in many cases, to hold a doctor accountable for issuing a certificate stating that driving a vehicle is not contraindicated for a person who caused a car accident following a loss of consciousness while driving. The author asks whether it is possible to hold a doctor legally liable in this situation. The article analyzes the legal consequences of the discussed incident under civil and criminal law for the doctor, whose ruling was used to issue the driver’s driving license. The study utilizes dogmatic-legal, analytical (case study analysis), and psychological methods. The study is of significant legal significance in terms of standardizing the application of the law to physicians who admit drivers with impairments manifesting as loss of consciousness to further stages of the driving license process, and in highlighting discrepancies in the scope of liability. The analysis indicates limited liability for physicians in this situation, thus limiting the ability of injured parties to pursue their rights. The entire study concludes with de lege ferenda proposals that could contribute to improving the existing legal framework.

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