Postępowanie w przedmiocie odpowiedzialności zawodowej lekarzy w świetle orzecznictwa Sądu Najwyższego w 2013 r.
Proceedings concerning the subject of professional responsibility of doctors in the light of decisions of the Supreme Court in 2013

Summary/Abstract: This paper analyzes the decisions issued by the Supreme Court as regards cassation appeals concerning the subject of professional responsibility of doctors in 2013. It should be borne inmind that, in conformity with the current regulations, cassation appeal can be applied for by theparties, that is by the professional liability ombudsman, the defendant, the victim, Minister ofHealth and the President of the Supreme Medical Council. A cassation appeal is submitted to theSupreme Court through the Supreme Medical Court after the legal decision is issued by a medicalcourt that concludes the proceedings concerning the subject of professional responsibility of doctors. In conformity with Article 95, section 1 of the law on medical chambers the deadline tosubmit this extraordinary appeal against a decision is two months from the delivery of the decisionand its substantiation. The law provides certain restrictions in this respect, though. Thisright is not granted to a party that has failed to appeal the decision of the medical court in thefirst instance when the decision of the court in the first instance has been maintained or changedin favor of this party. It is, however, inadmissible to proceed with a cassation appeal againsta defendant that is submitted more than six months after a decision becomes legally binding. Every authorized party is allowed to apply for a cassation concerning the same defendant and the same decision only once. These provisions stipulate certain formal conditions defined by the lawthat the cassation appeal must meet. Firstly, the cassation appeal needs to identify the alleged flaw. Secondly, it is required that the cassation appeal submitted by a party be drawn up andsigned by a defense lawyer or counsel for the victim who is a defense lawyer or a legal advisor.

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