Supreme Court rulings in cases involving professional liability of physicians in 2015 Cover Image

Orzecznictwo Sądu Najwyższego w sprawach dotyczących odpowiedzialności zawodowej lekarzy w roku 2015
Supreme Court rulings in cases involving professional liability of physicians in 2015

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

Summary/Abstract: The article presents the jurisdiction adjudicated by the Supreme Court (SC) in 2015, concerning professional liability of the physicians. The bulk of the cases resulted in dismissal of final appeals, lodged by the defendants, as the Supreme Court had found them patently groundless. In one of the cases the SC quashed the judgements hitherto made (that is, a decision of the Supreme Medical Court, and thereby the altered ruling of a Regional (inferior) Medical Court), and consequently terminated the proceedings, owing to limitation of punish ability of a professional offence, if the offence was committed 5 years or more ago. The case is acknowledged as a failure of the system of corporate judicature. In two subsequent cases the SC was compelled to make judgements which invoked the principle of suspending a Medical Court’s action if a parallel penal procedure was pending against the same physician, on disciplinary charges.

  • Issue Year: 7/2015
  • Issue No: 7
  • Page Range: 335-346
  • Page Count: 12
  • Language: Polish