The renouncement of the right to practice as a physician and the course of proceedings regarding the professional responsibility of physicians in the light of the Supreme Court’s position Cover Image

Zrzeczenie się prawa wykonywania zawodu lekarza a bieg postępowania w przedmiocie odpowiedzialności zawodowej lekarzy w świetle stanowiska Sądu Najwyższego
The renouncement of the right to practice as a physician and the course of proceedings regarding the professional responsibility of physicians in the light of the Supreme Court’s position

Author(s): Jędrzej Skrzypczak
Subject(s): Civil Law
Published by: Naczelna Izba Lekarska
Keywords: Negative condition for deletion of a physician from the list of members of the medical self-government; phase in rem and in personam of such proceedings; provision for submission of charges;

Summary/Abstract: One of the conditions for waiving the right to practice as a physician, described in Art. 7, section1 point 2 of the Act on Chambers of Physicians is that the physician makes a statement onrenouncing the right to practice as a physician. This provision, at the same time, excludes sucha possibility in the case when the doctor is the subject to the proceeding of professional liability.This study analyses different approaches to the issue of how to understand the premise “when150 Jędrzej Skrzypczak MW 11/2018there is a professional liability trial against this physician”. The pretext for the preparation ofthe analysis was the controversial position of the Supreme Court expressed in the judgment of29 May, 2018, which may raise certain objections, both under the Act on Chambers of Physiciansand the CPP.

  • Issue Year: 11/2018
  • Issue No: 11
  • Page Range: 139-150
  • Page Count: 12
  • Language: Polish
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