Malpractice-related deaths resulting from failure of due diligence. Decisions of Polish medical disciplinary boards
cytuj
pobierz pliki
RIS BIB ENDNOTEWybierz format
RIS BIB ENDNOTEMalpractice-related deaths resulting from failure of due diligence. Decisions of Polish medical disciplinary boards
Data publikacji: 01.10.2021
Archiwum Medycyny Sądowej i Kryminologii, 2021, Vol. 71 (1-2), s. 31 - 37
https://doi.org/10.5114/amsik.2021.104969Autorzy
Malpractice-related deaths resulting from failure of due diligence. Decisions of Polish medical disciplinary boards
Aim: The presented cases are related to failure of due diligence found in the binding decisions of medical disciplinary boards in three centres in Poland, showing in what percentage of the cases the patient died, and answering the question of whether the number of deaths changed, and if yes, then why.
Material and methods: The material for this study was collected as a result of the analysis of disciplinary files from 410 final and binding cases before the regional boards in Warsaw, Poznan, and Lodz in 2015–2018, which covers 12.5% of Poland’s total caseload.
Results: During the 4 years of decisions studied, one can observe only a minimal downward trend in the number of cases relating to failure of due diligence by physicians in diagnosis and treatment. Patient deaths occurred mainly in such medical fields as surgery, neurology, cardiology, and obstetrics, in 2015–2016 – a total of 28 n Warsaw, 23 in Lodz, and 8 in Poznan.
Conclusions: A reduction in the number of such cases coming up before medical disciplinary boards is primarily the consequence of the growing involvement of the law enforcement/public prosecutors’ offices for offences involving medical error. Currently, the legal awareness of Polish patients or, in this case, their families is focused not so much on the fact that a case has to be brought for potential medical error but on which path to take the case so as to win damages, compensation, or an annuity from the physician or from the medical establishment.
1. Act of 2 December 2009 on Medical Chambers (Polish Journal of Laws – Dz.U.219.1708).
2. Act on the Professions of Physician and Dentist (Dz.U.1997.28.152, as amended).
3. Code of Medical Ethics, enacted by the resolution of the Extraordinary 2nd National Medical Convention of 14 December 1991, restated text of 2 January 2004, containing amendments of 20 September 2003 by the Extraordinary 7th National Medical Convention.
4. Bojańczyk A. The relationship between disciplinary and criminal liability (with the legal professions’ disciplinary liability as an example). PiP 2004; 9: 17-31
5. Kulesza C. The evolution of the principles of physicians’ disciplinary liability in the context of fair-trial safeguards in P Kardas. In: Sroka T, Wróbel W (eds.). The rule of law and criminal law. Anniversary Book for Professor Andrzej Zoll, Krakow 2021, 1673-1676.
6. Polish Supreme Court, order of 8 May 2014 in SDI 12/14, LEX no. 1466242.
7. Central Register of Physicians and Dentists, Supreme Medical Chamber in Warsaw, Numerical figures representing physicians and dentists, by regional-medical-chamber membership and professional title held, 2 July 2020.
8. Act of 6 June 1997 – Criminal Code (restated text: Dz.U.2018.1600, as amended).
9. Kunert I. Activities of medical-error departments and solutions to problems relating to expert opinions. 7th Medical Law Congress, Krakow, 4–5 December 2018.
10. Młynarski T. Provincial boards for medical events – reform or liquidation? 8th Medical Law Congress, Krakow, 3–4 December 2019.
11. Act of 17 November 1964 – Code of Civil Procedure (restated text: Dz.U.2019.1460, as amended).
12. Recommendations of the Expert Panel of the Polish Gynaecological Society (now: Polish Society of Gynaecologists and Obstetricians) for proceedings in intrahepatic cholestasis of pregnancy. Ginekol Pol 2012; 9: 713-717.
13. Decision of the Regional Medical Disciplinary Board in Warsaw, 13 October 2016, 16/Wu/2015, unpublished.
14. Regional Medical Disciplinary Board in Warsaw, decision of 4 June 2020, OSL 630.55/18, unpublished.
Informacje: Archiwum Medycyny Sądowej i Kryminologii, 2021, Vol. 71 (1-2), s. 31 - 37
Typ artykułu: Oryginalny artykuł naukowy
Department of Medical Law and Medical Certification, School of Public Health, Medical Centre of Postgraduate Education, Warsaw, Poland
Publikacja: 01.10.2021
Otrzymano: 20.11.2020
Zaakceptowano: 08.01.2021
Status artykułu: Otwarte
Licencja: CC-BY-NC-SA
Udział procentowy autorów:
Korekty artykułu:
-Języki publikacji:
AngielskiLiczba wyświetleń: 342
Liczba pobrań: 318