Sławomir Porada
Paulina Hejda
Agnieszka Hubert-Lutecka
Monika Binkowska-Bury
Provincial Commission for Adjudication of Medical Events as an alternative choice of indemnization of medical damage – functional and system analysis
Sławomir Porada
Paulina Hejda
Agnieszka Hubert-Lutecka
Monika Binkowska-Bury
Department of Public Health, Faculty of Medicine, University of Rzeszów
Institute of Health Sciences, Medical College of Rzeszow University, Rzeszow, Poland
Institute of Health Sciences, Medical College of Rzeszow University, Rzeszow, Poland
Institute of Health Sciences, Medical College of Rzeszow University, Rzeszow, Poland
Received: 2 August 2018 / Accepted: 20 October 2018 / Published: 30 December 2018
Abstract
Introduction. Since January 1, 2012 a patient who suffered so-called medical damage has the right to choose between two alternative routes to compensate for medical damages, i.e. legal or extrajudicial.
Aim. To present the consequences of the out-of-court compensation for medical damages for patients on the basis of existing legal acts and the literature.
Material and methods. The analysis of legal acts and literature regarding extrajudicial compensation.
Results. The provisions regulating the out-of-court medical compensation for patients are inconsistent and unclear. As a result of the application of the regulations in force by Provincial Commission for Adjudication of Medical Events, there are difficulties for the injured patients to receive compensation or redress.
Conclusion. The analysis of legal acts and literature shows that only court proceedings are the most effective way to assert their rights for patients who have suffered so-called medical damage.
Cite
Porada S, Hejda P, Hubert-Lutecka A, Binkowska-Bury M. Provincial Commission for Adjudication of Medical Events as an alternative choice of indemnization of medical damage – functional and system analysis. Eur J Clin Exp Med. 2018;16(4):323–329. doi: 10.15584/ejcem.2018.4.9
This is an open access article distributed under the Creative Commons Attribution License which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited