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Zasady końcowe Kodeksu etyki lekarskiej

Author(s): Emilia Sarnacka / Language(s): Polish Issue: 6/2014

Presented considerations revolve around analysis of Chapter VI of the Code of Medical Ethics (CME) and its importance concerning responsibilities of physicians and dentists. The analyzedCME section emphasises promotion of learning professional ethics and attitudes consistent withthe law, the code of ethics and morality of medical community. Closing remarks focus on highlighting the importance of exploration and respecting proper patterns of behavior. In addition,specific requirements are directed at the medical community, in the context of educating futurephysicians and dentists – beside theoretical knowledge and professional experience, they should also demonstrate knowledge of CME and respect for principles contained therein.

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Przegląd orzecznictwa Naczelnego Sądu Lekarskiego z 2014 r

Author(s): Jędrzej Skrzypczak / Language(s): Polish Issue: 6/2014

In the Polish legal system, court decisions, and particularly concerning physicians, as a rule, do not have, in our legal system, the nature of legal precedents. Such decisions cannot create a new legal norm but only offer a practical interpretation of the pieces of legislation. In the case ofmedical courts, the situation in this respect is all the more complicated, given the content of Art.76 of the Code of Medical Ethics (NSL). Thus, under this provision, in cases not provided for inthe Code of Medical Ethics, they should be guided by the principles enshrined also in the jurisprudenceof medical courts. The views and arguments of NSL have so much importance, becausethe NSL is the court of appeal for decisions of district medical courts. Hence the need for the publicationof selected decisions of the NSL in 2014.

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Orzecznictwo Sądu Najwyższego w sprawach dotyczących odpowiedzialności zawodowej lekarzy w roku 2014

Author(s): Norbert Gill / Language(s): Polish Issue: 6/2014

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.

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Pieniacze sądowi i ich funkcjonowanie w praktyce wymiaru sprawiedliwoœci

Author(s): Dariusz Jagiełło / Language(s): Polish Issue: 6/2014

Court barrators are the specter of the judiciary. This is mainly due to the fact that these individuals express statements not supported by the evidence. The issue here is not so much the slowingdown of the proceedings as their mental disturbances, though the former appears to attract moreattention. The content of the article aims to show the ways to dealing with such persons, as wellas legal concerns associated with them, and the emphasis is placed on tactical and forensic-medicinebased principles of conducting interrogation. As the article does not fully cover thesubject, still, it needs to be acknowledged that their ways in the court, while undesirable, arequite common, and that’s why it is necessary to acquire knowledge on the issue.

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Odpowiedzialność zawodowa lekarzy ratownictwa medycznego. Przegląd wybranych spraw w Okręgowym Sądzie Lekarskim Wielkopolskiej Izby Lekarskiej

Author(s): Jędrzej Skrzypczak,Grzegorz Wrona / Language(s): Polish Issue: 1/2009

The paper reviews the decisions of the Supreme Medical Court in 2007. The selected verdicts are treated as case studies in the interpretation of regulations on proceedings pertaining to the professional responsibility of medical practitioners. The verdicts presented in the paper concern suchissues as the formal requirements of an application for penalty, the motion to exclude an SMCmember from the panel, investigative proceedings, the opinion of expert witnesses, the definitionof continued offence (delictum continuatum), the rights of the injured party, the right of defense,the principle of free appraisal of evidence, faulty verdicts, penalties, the statute oflimitations, and the reopening of a case and its costs. An analysis of the verdicts allows us to concludethat the standards of SMC decisions are rising. Although erroneous verdicts are given, themajority of SMC verdicts are issued correctly.

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Glosa do wyroku Sądu Apelacyjnego w Łodzi z dnia 25 sierpnia 2009 r. sygn. akt III Apo 2/09

Author(s): Jędrzej Skrzypczak / Language(s): Polish Issue: 1/2009

This commentary refers to the decision of the Court of Appeal in Łódź, Department III of Laborand Social Security, of August 25, 2009 concerning the appellation of El¿bieta S. against a verdictof the Supreme Medical Court issued on February 18, 2009 (case reference no. NSL Rep.93/08) to revoke the penalty of suspension of the right to practice the profession for a period ofsix months. The appeal was rejected. The commentary presents the view that the Court of Appeal issued its decision while failingto take into account the standpoint present in the doctrine that when the Supreme Medical Court“ pronounces the penalty of suspension of the right to practice profession or revocation of theright to pursue one’s profession, the verdict does not become automatically binding as the penalized physician still has the right to appeal to the Supreme Court”. This standpoint should be fully appreciated in contrast to the decision of the Court of Appeal in question.Łódź

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Sprawozdanie Naczelnego Rzecznika Odpowiedzialności Zawodowej (kadencja 2006–2009)

Author(s): Jerzy Nosarzewski / Language(s): Polish Issue: 1/2009

Report of the Supreme Screener for Professional Liability for the years 2006-2009

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Prawa pacjenta i prawa personelu medycznego

Author(s): Jolanta Orłowska-Heitzman,Marcin Mikos / Language(s): Polish Issue: 1/2009

Post-conference report

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Sprawozdanie z konferencji szkoleniowej Naczelnego Sądu Lekarskiego

Author(s): Grzegorz Wrona / Language(s): Polish Issue: 1/2009

Supreme's Medical Court Conference.Post-conference report

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Komentarz do art. 1 – art. 5 Kodeksu etyki lekarskiej

Author(s): Krzysztof Linke / Language(s): Polish Issue: 7/2015

This article discusses the Art. 1–5 of the Code of Medical Ethics. The author analyzes the relationship of medical ethics and general ethical standards, as well as the medical profession as the profession of public trust. Attention also emphasize on the doctor-patient relationship and the main aim of doing the medical profession.

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Rozdział IIa Kodeksu etyki lekarskiej – związki lekarzy z przemysłem

Author(s): Konstanty Radziwiłł / Language(s): Polish Issue: 7/2015

The article refers to Chapter 2a of the Medical Code of Ethics, entitled „Relations of physicianswith industry”. The Chapter comprises regulations Art. 51a...51g of the Code. The author refersto the history of passing the concerned provisions, mentioning them one by one, and finally discussesthem from the viewpoint of the practising physician.

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Związki lekarza z przemysłem farmaceutycznym. Aspekty prawne

Author(s): Daria Bieńkowska / Language(s): Polish Issue: 7/2015

Medical practice also includes interaction between physicians and the pharmaceutical andhealth industry. This interaction has extended to research as well as education. The attitudes ofphysicians on the ethical standards of acceptance is being discussed, not only in medical society,but also by lawyers, politicians, and society in general. On the one hand, physicians understandthat they are responsible for ensuring that their participation in such collaborative efforts is inaccordence keeping with their primary obligation towards to their patients and society, and thatthey are obligated to avoid situations of conflict of interest where possible and appropriatelymanage these situations when necessary. There are some ethical guidelines like KEL, whichserve as a resource tool for physicians in helping them to determine what type of relationshipwith industry is appropriate.

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Ochrona prawna genomu ludzkiego

Author(s): Teresa Gardocka / Language(s): Polish Issue: 7/2015

The article refers to Chapter 2b of the Medical Code of Ethics, entitled „The human genome”. The Chapter comprises only one regulation, Art. 51h. The author refers in detail to the issue ofthe human genome protection, invoking the principles stipulated in the Bioethical Convention,and restated in the Medical Code of Ethics. The article also points to the parliamentary bill onthe protection of the human genome and embrione of 2015, as well as to the Universal Declarationon the Human Genome and Human Rights of 11.11.1997.

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Zasady postępowania lekarza wobec pacjenta – komentarz do art. 6 i art. 7 KEL

Author(s): Szczepan Cofta,Monika Urbaniak / Language(s): Polish Issue: 7/2015

The article discusses Chapter 1 of the Medical Code of Ethics, entitled „Patient management bythe physician”. The Chapter comprises two regulations – Art. 6 and Art. 7. The former specifiesthat the physician is free to choose the mode of managing the patient, that he/she finds the mosteffective. However, the physician should limit his/her medical activities towards the patient tothose indeed indispensable in a given case, according to the current body of medical knowledge.Art. 7, in turn, specifies that in exceptionally justified cases, the physician may not engage intreating the patient or refrain from it, with the exception of emergency cases. In both circumstancesthe physician should inform the patient about other possibilities of obtaining medical assistance.The authors analysed in detail the discussed provisions, on the basis of relatedliterature and jurisdiction.

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Pomoc chorym w stanach terminalnych (komentarz do art. 30, art. 31 i art. 32 Kodeksu etyki lekarskiej)

Author(s): Bartosz Pawelczyk / Language(s): Polish Issue: 7/2015

Commentary discusses provisions on the conduct of doctors in relation to patients whose lives are inevitably coming to an end. From a legal point of view, the patient found in terminal state is equal in rights and obligations with any other patient. He is therefore also subject to the laws for the protection of life and health. The primary source of these rights is human dignity, which comes primarily responsible for alleviating the suffering regardless of health status and prognosis, until his death. The author takes the issue of the admissibility of the use of analgesics (painkillers) in cases where the administration accelerates the death of the patient, but at the same time relieves his suffering. The article is also a voice in discussion on the subject boundaries of medical obligation to provide health benefits when they are becoming persistent therapy. Raised in this context is the question of conscious patients and these with disabled/reduced consciousness. Especially with regard to the latter mentioned it reveals a difficult dilemma associated with the medical hierarchy of values: life (health) and autonomy of the patient. The duty to respect the patient’s will to take or discontinue medical action is paired with a legal prohibition on euthanasia and the prohibition of the provision of patient assistance in committing suicide.

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Art. 40 i 41 Kodeksu etyki lekarskiej

Author(s): Aleksandra Stebel / Language(s): Polish Issue: 7/2015

In this essay, the author analyses two norms enshrined in articles 40 and 41 of the Medical Code of Ethics which pertain to issuing sick leave notes or certificates and other medical documentation. An introduction to the legal definitions precedes the above, identifying essential elements (essentialia negotii) which render a given document a note, certificate, or medical document. The author also discusses whom can issue such items and in what circumstances, along with the requirements for their content. Lastly, the author identifies the consequences for the person issuing certificates or any other medical documents whose content is false.

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Eksperyment medyczny w świetle Kodeksu etyki lekarskiej. Zagadnienia problemowe

Author(s): Michał Puk / Language(s): Polish Issue: 7/2015

This article contains the complex analysis of the medical experiment on human being in the light of the Code of Medical Ethics. The analysis takes into account the legal character of the Code of Medical Ethics and its place in polish law system. Therefore the interpretation of ethical rules is based on comparison their content to the content of provisions of the Medical Profession Act from 1996 and the Convention on Human Rights and Biomedicine. First of all, the meaning of therapeutic and scientific experiments and their differences was explained. The problem of determination of demarcation line between therapeutic experiment and traditional medical treatment was also discussed. In the next part of the article the conditions of legality of medical experiment were analyzed. The general legal and medical terms of conducting medical experiments, e.g. the required proportion of risk and benefits were included. Attention was paid to the issue of patient’s consent, his right to the information and the role which an independent bioethical comittee plays. Particular interest, however, the author has raised subjective limitations in participating in scientific research and biomedical experiments, especially the principles of scientific research to human embryonic. The article contains many de lege lata comments addressed to the doctor’s liability authorities. In addition, due to occurring inconsistency, coming into force the act of infertility treatment from the 25 of June 2015 and probability of the ratification of the Convention on Human Rights and Biomedicine, there were de lege ferenda postulates addressed to The National Convention of the Doctors formulated.

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Zasady prowadzenia medycznych badań naukowych. Komentarz do art. 48–51 Kodeksu etyki lekarskiej

Author(s): Jędrzej Skrzypczak / Language(s): Polish Issue: 7/2015

The article analyzes the standards of medical deontology defining principles of medical scientific research contained in art. 48–51 of the Code of Medical Ethics. According to the art. 48 CME all the discoveries and insights related to the medical profession, doctor should be refered to medical environment and publish primarily in the medical press. The art. 49 CME requires to strictly observe copyright in scientific publications, in particular adding the name to the work of teams, which is not a participant or ignore the names of those who took part in them is a violation of ethics. In addition, under this provision, the use of clinical material for scientific research requires the consent of the head of clinic or the head of a hospital ward. Art. 50 CME constitute that the results of research carried out inconsistently with the principles of medical ethics should not be published. Finally, art. 51 CME provides that it is required to obtain the consent of the patient or his legal representative to participate in scientific demonstrations or teaching, in additon there should be made an effort to preserve the anonymity of the person.

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Etyczne zasady postępowania w praktyce lekarskiej

Author(s): Dorota Michalska-Sieniawska / Language(s): Polish Issue: 7/2015

The increasing demand for regulating social relations which are becoming more complicated is an effect of developing civilization, including in it the level of protection of human rights in XXI century. Standarization is a synonym of the nowadays developing world economy. Apart of the legal rules there are other regulation systems like moral standards, ethical standards, deontological norms or customs. These regulation systems are the complementary systems to the law regulations. Their origin is the natural law. Deontological principles mostly are legally binding like plenty of ethical standards in medicine. The reason of the legal power of ethics in medicine is liability for human life. Code of Medical Ethics is also the source of legal norms in medical law. The most important legal norm for medical practice is the doctor’s obligation to treat patients according to the current medical knowledge. Besides doctors should conduct their practice in a socially acceptable way as working in a profession of public trust.

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Przegląd orzecznictwa Trybunału Sprawiedliwości Unii Europejskiej związanego z funkcjonowaniem systemu ochrony zdrowia (lata 2015–2016)

Author(s): Anna Wilińska-Zelek / Language(s): Polish Issue: 7/2015

The article presents an assortment of the Court of Justice of the European Union’s jurisdiction(CJEU), throughout 2015...2016, related with the functioning of the medical industry. Selected rulings given by the CJEU were discussed, concerning:– admissibility of entrusting the voluntary associations with rendering medical transport services, through direct placement of orders;– failure to comply with treaty obligations, relating to improper definition of maximum weekly work-time among physicians;– admissibility of informing tenderers, acting in the field of health-care, about the minimum requirements related with location;– failure to comply with treaty obligations, relating to exclusion of application of binding regulations governing generative cells, fetal tissues and embryonic tissues;– application of reduced VAT rate to pharmaceutical products for medical use, as well as to medical equipment, auxiliary equipment and other devices, usually employed in alleviating the consequences of disability or in treatment thereof.

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