The doctor is responsible for not informing the patient or not fully informing him about his health condition and the proposed treatment methods, as well as the health effects of their possible failure to apply them.
In the course of trials brought by patients, doctors usually report too precisely how the health services were carried out. They do not cite a sufficient number of personnel (e.g. nurses) as witnesses to confirm that the doctor’s conduct was in accordance with medical practice. The third problem is carelessly kept medical records presented in court – what we cannot confirm with medical records may be detrimental to the doctor.
We can apply to the doctor
The doctor must always remember about these three elements: a presentation of benefits that can be understood by the court, a sufficient number of witnesses to confirm them and carefully kept medical records. In practice, this is not the case.
What is the responsibility of a doctor in the event of a systemic medical error, e.g. when he used a drug legally authorized by the administration, which, in the light of the latest medical knowledge, should be withdrawn because it is harmful?
The doctor is responsible for not informing the patient or not fully informing him about his health condition and proposed methods of treatment, as well as the health effects of their possible non-application. Before starting treatment, the patient must make the patient aware of possible medicinal products and treatment methods, including those that are not available in Poland.
What is a medical information error? Is it punishable?
A physician is legally responsible for malpractice caused by his own actions, and sometimes also by other people (employed medical personnel). This responsibility results from various provisions – criminal law, civil law or the act on the medical profession. We are most interested in civil liability, i.e. property liability for damage. It mainly has a compensatory function – its essence is to compensate for the loss suffered by the patient in his goods protected by law (health, psyche, property) as a result of a medical malpractice.
This liability is unlimited, which means that the doctor is liable with all his assets up to the full amount of the awarded compensation. In the event of suffering damage as a result of a medical error, we can apply to the doctor with the same claims as against the hospital, i.e. for one-off compensation, disability pension, financial compensation and benefits resulting from the death of the injured patient.
The doctor is liable for errors in two cases: as a result of a tort, i.e. a tort, and as a result of non-performance or improper performance of an obligation. In the first situation, we are talking about tort liability, and in the second – contractual liability. The basis of tort liability is a tort, i.e. any action or event causing damage to another person or property belonging to him. The result of a tort / delict is a liability, i.e. a claim for damages, between the perpetrator (doctor) and the injured party (patient).