Odpowiedzialność podmiotu leczniczego za szkody spowodowane niewłaściwym postępowaniem medycznym lekarza pozostającego w stosunku pracy z tym podmiote
The Liability of a Health Care Facility for Personal Damage Caused by Improper Medical Treatment Administered by a Physician Employed by This Facility

Summary/Abstract: When a physician – an employee who unintentionally inflicts harm on a patient while performing occupational duties – is not subject, in principle, to liability with respect to the harmed patient. In this case the provisions of Art. 120 §1 of the Polish Labour Code apply by releasing a worker from liability for harm done to another person. It belongs to a physician’s employer – a health care facility – to remedy the damage. A medical facility bears liability pursuant to the provisions of the Civil Code. If a patient receives treatment under a general health insurance, Article 430 of the Civil Code regulates the grounds for the liability of the facility. If, on the other hand, a patient’s treatment is not covered by a general health insurance but is provided as per contract for treatment, Article 474 applies. When harm has been remedied, a medical facility can claim damages from the offending physician, within the limits defined in the Labour Code. If a medical facility is covered by insurance, it can claim sums disbursed to a patient, up to the guarantee sum. Compensation obtained by the facility from both the physician and insurer may not exceed the amounts disbursed to the patient.

• Details
• Contents