Provincial Commission for Adjudication of Medical Events as an alternative choice of indemnization of medical damage – functional and system analysis

• Authors: Sławomir Porada , Paulina Hejda , Agnieszka Hubert-Lutecka , Monika Binkowska-Bury
• Languages of publication: EN

Abstracts

EN

Introduction. Since January 1, 2012 a patient who suffered so-called medical damage has the right to choose between two alternative routes to compensate for medical damages, i.e. legal or extrajudicial. Aim. To present the consequences of the out-of-court compensation for medical damages for patients on the basis of existing legal acts and the literature. Materials and methods. The analysis of legal acts and literature regarding extrajudicial compensation. Conclusions. The provisions regulating the out-of-court medical compensation for patients are inconsistent and unclear. As a result of the application of the regulations in force by Provincial Commission for Adjudication of Medical Events, there are difficulties for the injured patients to receive compensation or redress. The analysis of legal acts and literature shows that only court proceedings are the most effective way to assert their rights for patients who have suffered so-called medical damage.

Keywords

EN

law; patient; responsibility; medical event

• Publisher: Uniwersytet Rzeszowski. Wydawnictwo Uniwersytetu Rzeszowskiego
• Journal: European Journal of Clinical and Experimental Medicine
• Year: 2018
• Issue: 4
• Pages: 323-329

Contributors

author

Sławomir Porada

• Department of Public Health, Faculty of Medicine, University of Rzeszów

author

Paulina Hejda

• Department of Public Health, Faculty of Medicine, University of Rzeszów

author

Agnieszka Hubert-Lutecka

• Department of Public Health, Faculty of Medicine, University of Rzeszów

author

Monika Binkowska-Bury

• Department of Public Health, Faculty of Medicine, University of Rzeszów

Identifiers

DOI

10.15584/ejcem.2018.4.9