Komisje wojewódzkie do spraw orzekania o zdarzeniach medycznych

Abstract

The amendment to provisions of the patients’ rights & Patient Rights Advocate Act came into force on 1 January 2012. In assumptions mentioned act was intended to became breakthrough in regulations regarding the so-called „medical malpractice”. The legislator introduced to the indicated above act, the new section 13a titled „Principles and procedures for compensation and redress in the event of medical incidents”. The amendment to the Act introduced the new alternative way of pursuing claims regarding tort liability associated with medical malpractice. However the intention of the amendment itself was right in practice many affected need to assert their rights in court, because possibilities of extrajudicial way of compensation are insufficient in many ways. This study contains detailed analysis of legal regulations regarding extrajudicial way of compensation adopted by the polish legislator and also indicates theirs advantages and disadvantages. The study also proposes several ideas that could improve the current system of extrajudicial way of compensation damages caused by „medical malpractice”.