No-fault liability in medicine – Polish solutions

Katarzyna Miaskowska-Daszkiewicz is an associate professor at the Faculty of Law, Canon Law, and Administration of the John Paul II Catholic University of Lublin in Poland. During her research stay at the Institute of Social Sciences, she presented lecture with the topic “No-fault liability in medicine – Polish solutions.”

The medical liability system in Poland is built on two pillars. Firstly, on the system implemented by civil courts based on civil law. The basic precondition for this route of liability is to establish the fault of healthcare professionals. Secondly, on the administrative-legal system, implemented by the public administration body – the Ombudsman. This procedure can be initiated as soon as it is objectively determined that an event has occurred in the medical field and that damage has occurred as a result. In this administrative procedure, there is no need to investigate the existence of fault on the part of healthcare professionals. Professor Miaskowska-Daszkiewicz’s lecture focused on the general characteristics of the Polish system of compensating damage in medicine, with a particular emphasis on the choice between the judicial and extrajudicial models. Each of them has its advantages and disadvantages, which Professor Miaskowska-Daszkiewicz highlighted.

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30. 11. 2022.

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