Postępowanie w przedmiocie odpowiedzialności zawodowej lekarzy w świetle orzecznictwa Sądu Najwyższego w 2012 r.
Proceedings on the professional liability of medical doctors in the light of decisions made by the Supreme Court in 2012

Summary/Abstract: It should be borne in mind that the Act of December 2, 2009 on medical chambers provided an opportunity for applying to the Supreme Court to overturn the legal decision of a medical court. The subject of this paper is the analysis of legal decisions issued by the Supreme Court in 2012 as regards overturning proceedings on the professional liability of medical doctors. In accordance with binding regulations, an appeal may be submitted by the parties involved, that is by the screener for professional liability, the defendant and the complainant, the Minister of Health, and President of the Supreme Medical Council. Appeals are submitted to the Supreme Court viathe Supreme Medical Court with reference to a final judgment issued by a medical court on the professional liability of medical doctors. Doubts may arise with reference to how to under stand the concept of “a final judgment”. One of the reasons for such doubts to arise may be due to the different ways of interpreting the concept of “a judgment”. This provision also needs to be confronted with article 519 of the Code of Penal Procedure. The paper analyzes and presents the above issues from the point of view of the legal decisions by the Supreme Court issued regarding the professional liability of medical doctors.

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