Podstawy prawne odpowiedzialności zawodowej lekarzy. Uwagi de lega lata , postulaty de lege ferenda a rozwiązania przyjęte w nowej ustawie o izbach lekarskich
The Legal Foundations of Professional Responsibility of Medical Practitioners. The Remarks de lege lata, the Demands de lege ferenda and the Solutions Adopted in the New Act on the Chambers of Physicians and Dentists

Summary/Abstract: The legal foundations of proceedings concerning the professional responsibility of medical prac-titioners are currently stipulated by the Act of May 17, 1989 on the chambers of physicians anddentists and a government order of the Minister of Health and Social Care of September 16, 1990 regarding proceedings concerning the professional responsibility of medical practitioners; theorder is issued on the basis of a statutory delegation in Art. 58 of the above-mentioned Act. ThePolish Parliament (Sejm) passed the Act on the Chambers of Physicians and Dentists on October23, 2009. The changes shall become effective as of January 1, 2010. This act is not a mere amendment of that from 1989, but an utterly new legislative act to substitute the former one.Chapter 5 is devoted to the issue of the professional responsibility of medical practitioners. The paper presents the most significant changes introduced by the new legislative act. Its en-actment is assessed as deserving approval, and the regulations are described as the outcome andexpression of experience gathered with respect to the functioning of the organs for the professional responsibility of medical practitioners. The endeavors undertaken to describe the entireproceedings before medical courts and the professional responsibility ombudsmen in terms ofa statutory act rather than a government order, as it is at present, are deemed appropriate. It is alsoobserved that it was highly expected to grant the injured party (i.e. most frequently the patient)the rights of a party in the proceedings, to expand the catalogue of penalties, to introduce annul-ment by the Supreme Court, and to ensure the openness of proceedings.

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