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- Title
Pozasądowy tryb dochodzenia roszczeń medycznych na tle nowelizacji Ustawy o prawach pacjenta i Rzeczniku Praw Pacjenta.
- Authors
Gałęska-Śliwka, Anita; Śliwka, Marcin
- Abstract
Introduction and Objective. An out-of-court model of pursuing medical claims became effective on 1 January 2012. The legislator had hopes to reduce costs and simplify the proceedings in medical cases. Not all of the objectives were achieved, therefore, it was necessary to amend the model introduced in 2012. The purpose of this article is to analyse the changes in the out-of-court model of pursuing claims made in 2023, as well as to ensure the staff that manages healthcare entities and medical personnel pay attention to the current legal solutions. Review methods: This thesis was written based on the data contained in the Polish System of Legal Information called "LEX", the Online System of Legal Acts available at https://isap.sejm.gov. pl/ Brief description of the state of knowledge. Due to the need to relieve common courts of proceedings on compensation in the healthcare, and to offer a faster and cheaper alternative for patients, the legislator decided to introduce a procedure for pursuing claims under Polish law. However, in time, it turned out that not all the objectives set before that model were achieved. Therefore, a change was necessary. The Act on Patient Rights and the Patient Rights Ombudsman was revised, resulting in a new model of out-of-court compensation for damages incurred by patients arising from medical events introduced to the Polish law. Summary. The out-of-court proceedings for pursuing medical claims, introduced with the recent amendment to the Act on Patient Rights and the Patient Rights Ombudsman, is based on the institution of the Patient Rights Ombudsman and the Medical Event Compensation Fund. Analysis of the introduced changes leads to a positive evaluation of the new model, however, not all errors limiting its effectiveness were eliminated by the legislator.
- Publication
General Medicine & Health Sciences / Medycyna Ogólna i Nauki o Zdrowiu, 2024, Vol 30, Issue 1, p25
- ISSN
2083-4543
- Publication type
Article
- DOI
10.26444/monz/183054