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Odpowiedzialność zespołu ratownictwa medycznego za pozostawienie zwłok pacjenta w miejscu zdarzenia – studium przypadku

100%
Harlecka-Fordey K.
Opolskie Studia Administracyjno-Prawne
|
2015
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vol. XIII
|
issue 1
45-59
EN
The article refers to the issues related to the liability of members of an emergency response team for leaving the corpse of a victim of a road accident deceased in the course of an emergency first aid action. The author makes an attempt at answering the question if such a particular event may be considered to be violation of the provisions of the Act on the State Emergency Medical Services of 8 September 2006 (uniform text: Journal of Laws of 2013, item 757, as amended) or other legislation regulating the above-mentioned issues. The author raises also the question if leaving the victim’s corpse by members of an emergency response team on the scene of an accident, may constitute the basis for members of the deceased person’s immediate family to take a legal action for infringement of personal interests. Consequently the author examines the liability of members of an emergency response team, both in the aspect of their professional responsibility, as well as their civil-legal liability. However, the findings made by the author lead to the conclusion that the legislation applying in this respect gives no basis for holding members of an emergency response team liable. What is more, based on the author’s findings, it can be concluded that leaving the victim’s corpse on the scene may not make the basis for members of the immediate family of the deceased to bring a lawsuit for violation of their personal rights, i.e. the cult of memory of the deceased person. While the author raises the point that the provisions of art. 262 of the Penal Code (corpse desecration) may be the potential basis of the liability of the members of such emergency response teams. In the author’s opinion, in the case under consideration, behaviours of members of emergency response teams can be judged only in the penal law context.
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Ujawnienie tajemnicy adwokackiej a odpowiedzialność adwokata za naruszenie dobra osobistego klienta w formie prawa do prywatności

100%
Harlecka-Fordey K.
Opolskie Studia Administracyjno-Prawne
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2012
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vol. X
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issue 1
23-34
EN
The article is devoted to the issue of attorney’s accountability for revealing, by breaching the attorney-client privilege, information concerning the client’s private life, which is perceived as a personal right according to the civil law. The author makes an attempt to answer the question which legal articles will be breached by the attorney in this case, and how the client can pursue their rights. She weighs the attorney’s accountability both when the attorney reveals some information of their own volition, and when they are forced by the existing legal articles. The author’s findings lead to an unequivocal conclusion that the client from the above-mentioned situation can pursue their rights, which the attorney had violated by breaching the attorneyclient privilege, not only by instituting disciplinary proceedings against the attorney, but also based on the civil law articles. However, a positive result of both proceedings will always be dependent on deciding whether the attorney is unlawful.
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