Komisje wojewódzkie do spraw orzekania o zdarzeniach medycznych
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Date
2015
Authors
Journal Title
item.page.issn
1643-8299
item.page.eissn
2451-0858
Volume Title
item.page.isbn
item.page.eisbn
Publisher
Oficyna Wydawnicza AFM
Abstract
The amendment to provisions of the patients’ rights & Patient Rights Advocate Act came
into force on 1 January 2012. In assumptions mentioned act was intended to became
breakthrough in regulations regarding the so-called „medical malpractice”. The legislator
introduced to the indicated above act, the new section 13a titled „Principles and procedures
for compensation and redress in the event of medical incidents”. The amendment
to the Act introduced the new alternative way of pursuing claims regarding tort liability
associated with medical malpractice. However the intention of the amendment itself was
right in practice many affected need to assert their rights in court, because possibilities of
extrajudicial way of compensation are insufficient in many ways. This study contains detailed
analysis of legal regulations regarding extrajudicial way of compensation adopted
by the polish legislator and also indicates theirs advantages and disadvantages. The study
also proposes several ideas that could improve the current system of extrajudicial way of
compensation damages caused by „medical malpractice”.
Description
Publikacja recenzowana / Peer-reviewed publication
Keywords
liability for damages for medical malpractice, medical incident, medical event, medical malpractise, extrajudicial way of compensation
Citation
Państwo i Społeczeństwo 2015 (XV), nr 1, s. 97-109.