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

Porada, Sławomir; Hejda, Paulina; Hubert-Lutecka, Agnieszka; Binkowska-Bury, Monika

doi:10.15584/ejcem.2018.4.9

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“…Each competent Commission does not adjudicate on fault, but it only establishes the occurrence or non-occurrence of a medical event and a causal relationship between the event and damage. However, proceedings before the Commission are not available if a medical event occurred in the grounds of a medical center or in a surgery of a private (specialist) medical practice (Frąckowiak & Frąckowiak, 2013;Porada et al, 2018).…”

Section: An Outline Of Various Regimes Of the Legal Liability Of A Ph...mentioning

confidence: 99%

On the Insufficiencies of the Current Legislative Regime Regarding Physician-Patient Mediation in the Professional Liability of Physicians. A Critical Analysis of the Polish Solution

Bek¹,

Hanc²

2023

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The article presents a critical opinion on physician- patient mediation conducted in the context of proceedings on the professional liability of physicians. The starting point is the Act on Medical Chambers, which provides for the possibility of conducting a mediation between the accused physician and the aggrieved patient. This regulation is unique in the region. Its specific measures, such as, for example, the choice of a mediator among physicians, have undergone a critical assessment in the literature. As a rule, the need for the functioning of mediation in the context of professional liability is not called into question. However, a thorough analysis of the assumptions of mediation and restorative justice and the function of professional liability of physicians suggests going a step further. Although the physician-patient conflict certainly requires conciliatory solutions, it seems that the disciplinary regime does not provide an adequate foundation for agreement because it is unable to secure the aggrieved person’s interests.

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Section: An Outline Of Various Regimes Of the Legal Liability Of A Ph...mentioning

confidence: 99%

On the Insufficiencies of the Current Legislative Regime Regarding Physician-Patient Mediation in the Professional Liability of Physicians. A Critical Analysis of the Polish Solution

Bek¹,

Hanc²

2023

mls

View full text Add to dashboard Cite

show abstract

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

Cited by 1 publication

References 0 publications

On the Insufficiencies of the Current Legislative Regime Regarding Physician-Patient Mediation in the Professional Liability of Physicians. A Critical Analysis of the Polish Solution

On the Insufficiencies of the Current Legislative Regime Regarding Physician-Patient Mediation in the Professional Liability of Physicians. A Critical Analysis of the Polish Solution

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