MEDICAL LAW – POZNAŃ, ZIELONA GÓRA

Medical law is developing rapidly as the branch of law. The law firm renders its services in the field of medical law to patients, health care professionals and entrepreneurs whose business is related to healthcare (sales, distribution, supplies).

PATIENTS

The law firm provides legal assistance to patients who have suffered adverse effects of medical care provided by health care personnel. The services include:

  • pursuance of pecuniary claims for injuries and harm resulting from errors in the course of medical procedures
  • pursuance of claims for damages, redress for harm caused, allowance and other causes of action involving medical malpractice
  • cases concerning violation of Patients’ personal rights
  • representation in proceedings related to breach of confidentiality by medical and health care professionals and failure to protect a patient’s medical data

MEDICAL AND HEALTH CARE PROFESSIONALS

The law firm offers comprehensive legal support for medical and health care professionals: physicians and dentists, nurses and midwives, pharmacists and paramedics. Physicians as representatives of a profession of public trust play a special role in society. Human life and health depend on their decisions, knowledge, skills and intuition.

Legal services include:

  • representation at the pre-trial stage, participation in amicable settlement of a case
  • representation in proceedings regarding professional, civil and criminal liability
  • cases concerning violation of personal rights of health care professionals
  • regular provision of legal advice in matters related to medical practice

Essential concepts related to medical law include:

MEDICAL EVENT

“Medical event” occurs when a patient is infected with a biological pathogenic agent, or when a patient suffers a bodily injury or disorder as well as in the case of a patient’s death as a result of:

1) diagnosis, if it caused inappropriate treatment or delayed proper treatment and it contributed to the development of a disease,

2) treatment, including surgery,

3) administration of a medicinal product or use of medical device

that were inconsistent with the current medical knowledge.

MEDICAL ERROR

The notion of medical error has not been defined by law and is used along with such terms as medical malpractice, mistreatment of a disease or doctor’s error. There are many types of medical malpractices, including: diagnostic errors (misdiagnosis), treatment errors (mistreatment), technical errors due improper performance of a medical procedure and organizational errors as a result of poor organization of work. Medical malpractice may be a cause of action initiated by patients and their relatives.

PHYSICIAN–PATIENT PRIVILEGE

Physician–patient privilege on the one hand imposes the duty on a doctor and on the other hand is a fundamental right of a patient. Health care professionals are obliged to treat information related to a patient and obtained in connection with practicing as a physician as confidential. The duty arises both from the principles of medical ethics as well as the Act on medical and dental professions. Breach of medical confidentiality may result with professional, civil or criminal liability.

PATIENTS’ RIGHTS

Patients’ rights are regulated in particular under the Act on Patients’ Rights and Patients’ Rights Ombudsman and they include:

  • right to medical services that comply with the current medical knowledge
  • right to emergency care when a patient’s health or life is at risk
  • right to medical services related to childbirth
  • right to medical services provided with due diligence
  • right to information about a patient’s condition
  • right to information about patients’ rights
  • right to confidentiality to be observed by health care professionals who provide medical services in relation to information obtained in the course of providing medical care
  • right to informed consent to medical services or the right to refusal
  • right to respect for intimacy and dignity of a patient, in particular when providing medical services
  • right to access the patient’s medical records regarding the condition of health as well as provided medical services

Why consulting a lawyer?

It is essential to respond properly to a particular medical event prior to taking a legal action. Seeking legal advice is often a guarantee of adequate protection of your rights and claims. Statements made already at the stage of proceedings in cases involving professional liability or proceedings before the Provincial Commission for Evaluation of Medical Events are relevant for the subsequent course of the case.

Contact me if you need assistance in the field of medical law. I am at your disposal and every case will be treated individually.

Law Firm in Poznań

ul. Nowowiejskiego 53/2
61-734 Poznań

Branch Office in Zielona Góra

ul. Św. Jadwigi 1, lok.113
65-065 Zielona Góra

Services

Contract law

Drawing up and analysis of agreements and comprehensive support of contract negotiations.

Labor law

Obsługa prawna pracodawców i pracowników w sprawach związanych ze stosunkiem pracy.

Civil law

Comprehensive legal services in the field of civil and corporate law.