Supreme Court rulings in cases involving professional liability of physicians in 2014 Cover Image

Orzecznictwo Sądu Najwyższego w sprawach dotyczących odpowiedzialności zawodowej lekarzy w roku 2014
Supreme Court rulings in cases involving professional liability of physicians in 2014

Author(s): Norbert Gill
Subject(s): Law, Constitution, Jurisprudence, Human Rights and Humanitarian Law
Published by: Naczelna Izba Lekarska
Keywords: Supreme Court; liability of physicians

Summary/Abstract: As the title of this paper suggests the author has analyzed the cassation of the Supreme Court, pronounced either in the form of judgments when it comes to setting aside the judgment of the Supreme Medical Court (NSL) or in the form of the provisions when the cassation appeal is dismissed,with reference e.g. to a circumstance that it is manifestly unfounded. The chronological scope of the analysis refers to 2014, although, in the first case, a judgment of 2015 was also mentioned,because in this specific case, and in the view of its considerable importance two Supreme Court judgments were pronounced, on the strength of whose the NSL decision was quashed andthe case was transferred to the court of appeal for reconsideration. The thematic scope of the analyzed cases concerns such issues as: sentencing, SupremeCourt’s injuctions not having been fulfiled by medical courts, imposition of a punishment not provided for in the statute on medical chambers. The article also resolves issues brought up in Supreme Court’s decisions, for example, whether presenting new evidence during cassation proceedings may result in quashing an NSL decision or whether Supreme Court is in a position to probe into specialist medical issues.

  • Issue Year: 6/2014
  • Issue No: 6
  • Page Range: 139-150
  • Page Count: 12
  • Language: Polish