Civil Responsibility for Damage Inflicted in Relation to Treatment Cover Image

Odpowiedzialność cywilna za szkodę wyrządzoną w związku z leczeniem
Civil Responsibility for Damage Inflicted in Relation to Treatment

Author(s): Bartosz Pawelczyk
Subject(s): Law, Constitution, Jurisprudence, Civil Law, Human Rights and Humanitarian Law
Published by: Naczelna Izba Lekarska
Keywords: civil responsibility;damage;treatment

Summary/Abstract: The paper concerns civil responsibility for damages (harm) inflicted in the course of treatment asa result of two kinds of events, i.e. the infringement of a patient’s personal interests and throughmedical error. In particular, the paper discusses the prerequisites of civil responsibility, the issueof responsibility for the infringement of a patient’s personal interests as well as civil responsibil-ity for professional error. It is also observed that on the basis of the analysis performed in the pa-per one can justify the statement that patients have at their disposal numerous legal instrumentsenabling them to seek reparation for such damage. Nevertheless, it is highlighted that inso-called medical trials drawing up a correct claim is relatively easy, whereas it is far more diffi-cult to actually prove during court proceedings that in a given case the infringement of a patient’spersonal interests actually occurred, or that a culpable professional error was committed.

  • Issue Year: 1/2009
  • Issue No: 1
  • Page Range: 81-94
  • Page Count: 14
  • Language: Polish
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