Published: 2019-05-31

The problem of civil-law, administrative and criminal liability of a medical doctor for the lack of due diligence in the process of providing health care benefits

Paulina Ilnicka
The Opole Studies in Administration and Law
Section: Articles
DOI https://doi.org/10.25167/osap.1133

Abstract

The issue of doctors’ civil-law, administrative-law and criminal-law liability for negligence of adequate care in terms of providing healthcare services is multifaceted. It covers various actions and omissions. The analysis of the presented jurisdiction of courts of law shows that actions or omissions, which meet the criterion of negligence of adequate care, are diversified. They include, e.g., incorrect testification of medical records (or even a lack of relevant documentation), omission of giving comprehensive and intelligible information to patients and use of improper medical products. Patients claiming their rights to have healthcare services provided – based on current medical knowledge, according to the rules of professional ethics, with solicitude – use legal path (civil-law, administrative-law, criminallaw). These proceedings are not mutually exclusive.

Keywords:

patients’ rights, responsibility for providing health services, civil liability, administrative liability, criminal liability

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Ilnicka, P. (2019). The problem of civil-law, administrative and criminal liability of a medical doctor for the lack of due diligence in the process of providing health care benefits. The Opole Studies in Administration and Law, 16(1 (2), 119–132. https://doi.org/10.25167/osap.1133

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