Wskazania aktualnej wiedzy medycznej w świetle odpowiedzialności karnej za błędy w sztuce lekarskiej
Indications of current medical knowledge in the light of criminal responsibility for medical malpractice

Summary/Abstract: The condition for assigning criminal responsibility for committing a crime under Article 155 or 160 § 2 Polish Penal Code, widely recognized as medical malpractice, is unequivocally finding that the suspect culpably acted in contravention with the current medical standards. This term, although it is used in numerous acts of different rank, has not yet been legally defined. In practice, this causes significant problems of interpretation, in particular when trying to determine what is the real meaning and scope of the term “medical knowledge”, according to what criteria should be used to assess the “timeliness”, and finally, in which the correlation with each other “medical knowledge” and “legal knowledge“ in the area of health care. This publication attempts to answer these questions and reach conclusions that can be applied in assessing criminal law proceedings doctor.

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