Voivodship Commission for Evaluation of Medical Events in Poland is this institution still needed?

06.05.2014

Index: 1. Introduction; 2. The commission procedure; 3. The composition of the commission; 4. Conclusion.

Abstract

In Poland on January 1st 2012 entered into force regulations establishing voivodship commissions for evaluation of medical events. This institution was intended to be an alternative for years-lasting court proceedings as well as to facilitate the process of granting compensation and damages. The procedure to claim damages before the commission is optional and is applicable only to events occurred after January 1st 2012. The legislator providing for a new alternative to court proceedings solution did not impede patients to claim damages in the same court proceedings as before. However, anybody who receives damages in the case heard by the voivodship commission loses his right to file with a common court. Unfortunately, it is not free of defects on both system and constitutional grounds.

di Monika Urbaniak


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