Liability for medical occurrences. Several remarks on the new regulations in the Act on patient’s rights and Commissioner for the Patient Cover Image

Odpowiedzialność z tytułu zaistnienia zdarzenia medycznego. Kilka uwag na temat nowej regulacji z ustawy o prawach pacjenta i Rzeczniku Praw Pacjenta
Liability for medical occurrences. Several remarks on the new regulations in the Act on patient’s rights and Commissioner for the Patient

Author(s): Bartosz Kuczyński
Subject(s): Law, Constitution, Jurisprudence, Human Rights and Humanitarian Law
Published by: Naczelna Izba Lekarska
Keywords: Liability for medical occurrences; Act on patient’s rights; Commissioner for the Patient

Summary/Abstract: The objective of the paper is to describe the issues of liability for medical occurrences. The descriptionis accompanied by remarks on the new regulations in the Act on patient’s rights and Commissioner for the Patient. The paper shows that while introducing a new system to compensate for medical harm, the legislator has not foreseen certain adverse consequences related tothe possibility of compensation being claimed by authorized bodies, resulting from their legalstatus. Nevertheless, the solutions introduced with respect to medical occurrences are highly innovative within the Polish legal system. They aim to simplify the enforcement of claims resultingfrom a medical occurrence that took place in the course of providing a health treatment in a hospital,as stipulated in the Act on medical activity. The system exclusively concerns those patients who were provided with treatment in a hospital.

  • Issue Year: 4/2012
  • Issue No: 4
  • Page Range: 159-178
  • Page Count: 20
  • Language: Polish