Pozasądowe tryby rozstrzygania spraw cywilnych z udziałem pacjenta – wątpliwości i perspektywy
Extra-judicial modes of resolving civil cases involving patients – doubts and prospects

Summary/Abstract: The Act of 28 April 2011 amending the Act on Patients’ Rights and the Patient Ombudsman (Journal of Laws of 2011, No. 113, item 660) introduced a new model of pursuing claims in the so-called medical cases which is to allow patients for seeking compensation faster or satisfaction without having to take legal action. Under the current law there is an increase in legal awareness of patients and their close ones, the consequence of which is the increase in the number of civil disputes the object of which is compensation and satisfaction, which are based on occurred medical events. In their study, the Authors focused on presenting the issues of extra-judicial redress in civil cases on the example of disputes involving patients. The aim of this paper is to present alternative methods of resolving these disputes, with a special presentation of the principles of functioning of a fairly controversial solution, i.e. the so-called provincial committees for adjudicating on medical occurrences. The Authors, by conducting an analysis of a relatively new legal solution, also presented previously known methods of alternative dispute resolution involving patients. Due to the limited scope of this paper, referring to ADR, the Authors focused on the presentation of arbitration as one of the forms which certainly can – with appropriate state policy, and above all appropriate legislative and educational activities – play an important role in the system of legal protection of patients.

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