Odpowiedzialnoość cywilna lekarzy a stosunek zatrudnienia
Civil liability of physicians in relation to the type of their employment

Summary/Abstract: The article addresses the issue of civil liability among physicians, in relation to rendered medical services. The author points out that such liability depends on the type of their employment in a given medical entity. It is thus regulated by both civil and labour law. The medical entity’s liability is then that of an enterprise, that is, on the risk principle. The physician’s liability may vary, according to the type of his/her engagement, either through civil-law agreement or standard contract of employment. The author broadly discusses the consequences of diverse types of employment contract, indicating that the most optimal situation for the physician is to be employed within the labour code framework. His/her civil liability gets thereby reduced to minimum, that is, to the equivalent of3-month wages. Contrastingly, in the case of civil-law agreements – it is limitless. Concluding, the author recommends the physicians to enter insurance agreements against civil-law liability.

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