The report on the activity of the Supreme Medical Court in 2011 Cover Image

Sprawozdanie z działalności Naczelnego Sądu Lekarskiego w 2011 r.
The report on the activity of the Supreme Medical Court in 2011

Author(s): Wojciech Łącki
Subject(s): Law, Constitution, Jurisprudence, Human Rights and Humanitarian Law
Published by: Naczelna Izba Lekarska
Keywords: Supreme Medical Court;

Summary/Abstract: Two years after the Act on medical chambers of December 2, 2009 came into force, it has become possible to make some comparisons of medical courts functioning under the new regulations. The amendments to the regulations have not resulted in an increased number of cases, which isclearly observable both in regional courts and in the Supreme Court. Compared to 2010, there has been a significant increase in the number of appeals made by complainants. This is mostlikely the result of the fact that the complainant is almost always represented by professional attorneys who fully protect his/her interests. The same tendency has not been observed with respect to overturned verdicts, whose number has not increased and which is mainly connected with thestrict principles by which they are submitted, including a quite significant, and compulsory, court fee. The number of appeals made by the Supreme Screener for Professional Liability is negligible. In both instances the most frequent penalties encompass admonitions and reprimands. There are few fines and bans to hold managerial functions. A considerable proportion of verdicts involve acquittals. A new range of penalties is slowly ‘catching on’. Another step on the path towards its more comprehensive application should involve the screeners suggesting the type of penalty for the alleged professional offence in the application for punishment they submit. This would make it possible to codify penalties in relation to the severity of the act committed. The analysis of medical specializations that are most often the subject of applications for punishment shows that they have not changed, and are dominated by surgery, closely followed by internal medicine, obstetrics and gynecology. Specializations involving surgical treatment have beenand will continue to be high risk specializations

  • Issue Year: 4/2012
  • Issue No: 4
  • Page Range: 379-382
  • Page Count: 4
  • Language: Polish