Doctor’s professional liability Lek. Wojciech Golema

Who is liable to professional prosecution Members of doctor’s self-goverment (members of doctor’s chamber) – any doctor with a valid license for performing the duties of a physician.

Who is „member of doctor’s self-goverment” Art 6 of the Act on doctor’s chambers says: „Doctor who is about to perform his profession and is given the license to practice medicine by the regional doctor’s chamber is also enrolled to the list of this chamber members.”

Act on the profession of a doctor and a dentist 1. Conducting of a doctor’s profession is about performing by the person with required professional qualifications (legated with proper documents) actions to: examine, diagnose, prevent and treat or rehabilitate illnesses also give doctor’s advice, opinion and ruling.

Act on the profession of a doctor and a dentist Conducting of a doctor’s profession is also: performing scientific research in the field of medicine, teaching the doctor’s profession, managing a health care unit…

Act on the profession of a doctor and a dentist Regional doctor’s council can give a doctor’s license to a person who: Is a Polish citizen (or EU country). Has a doctor’s diploma issued by a Polish university (or by a university recognized in Poland). Has the full competency. Is in a good health condition (able to work as a doctor). Has unquestionable ethics.

Act on the profession of a doctor and a dentist Doctor is obligated to perform his duties according to actual medical knowledge, with all the means and prevention methods available to diagnose and treat illnesses according to ethical rules and on a highest standard.

Act on the profession of a doctor and a dentist Doctor is obligated to help a patient in every case when the delay in help could result in endangering the patient to death, grief bodily injury or illness and in any other case that requires immediate care.

Act on the profession of a doctor and a dentist Doctor has a duty and a right to professionally improve particularly in various forms of post-graduate learning.

Act on the profession of a doctor and a dentist Doctor who had at least 5 year pause in performing his duties is obligated (when intending to work as a doctor again) to inform the doctor’s council and take obligatory courses.

Act on the profession of a doctor and a dentist If a doctor’s council suspects that doctor’s professional qualifications are too low they can ask for a committee to judge the professional qualifications of a doctor. Doctor must stand before this committee – if he/she refuses the doctor’s council might hold his/her license.

Act on the profession of a doctor and a dentist Also a committee might be asked to judge the ability of a doctor to perform his duties concerning his/her health status. All of these proceedings are confidential.

Act on the profession of a doctor and a dentist Loss of doctor’s license: 1. Doctor looses his/her EU citizenship. 2. Doctor looses his/her ability to perform legal actions (partially or completely). 3. The time for which the license was given has expired.

Act on doctor’s chambers, 2nd of December 2009 Law basis Act on doctor’s chambers, 2nd of December 2009

Chapter I Art. 2 Members of doctor’s chambers comprise the occupational self-government of doctors and dentists (later referred to as “doctors self-government” – W. Golema). Doctors self-government represent people executing doctor’s or dentist’s profession, has the supervision over proper execution of these professions in borders of public interest and for its protection. Doctors self-government is independent in performing its actions and is subject only to articles of law. Medical chamber is created by enrolled doctors.

Chapter II Art. 5 - Purpose of doctors self-government is in particular: 1. Creation of the rules of doctor’s ethics and concern about physician’s compliance with them. 2. Supervision over proper execution of doctor’s and dentist’s profession. 4. Suspension and deprivation of doctor’s license or limiting the procedures allowed to be performed by a doctor. 5. Conducting the proceedings in the area of doctor’s professional responsibility. 6. Conducting the proceedings in the area of recognizing the doctor’s inability to perform medical profession or his insufficient background to perform this profession.

Chapter V Art. 53. Members of doctor’s chambers are subject to professional liability for violation of medical ethic rules or other legal rules concerning the doctor’s profession – referred later to as „professional fault”.

So not only legal regulations like Act on profession of doctor and dentist but also Code of ethics have to be known. Fortunately code of ethics is basically all of the law acts brought together.

Chapter V Art. 54. 1. Proceedings in the matter of professional liability are independent from criminal or disciplinary proceedings concerning the same action. 2. Proceedings in the matter of professional liability can be postponed for the time of criminal or disciplinary proceeding when their findings could influence the proceedings in the matter of professional liability.

Chapter V Art. 55 Proceedings in the matter of professional liability are: Verification activities. Formal investigation. Main proceedings before the court. Enforcement proceedings.

Chapter V Art. 56 Parties to the proceedings are: disadvantaged and a doctor (blamed). During the main proceedings before the court the professional liability spokesmen is also a party.

Parties rights: 1. Submitting motions concerning evidence (opinions, questioning witnesses). 2. Information about the proceedings. 3. Complaints about the decisions. 4. Right to view the files. Proceedings rules: Proving the guilt. Resolving any doubts in favor of the blamed. Transparency.

Chapter V Art. 77. 1. In the case when collected evidence indicate with high probability that the doctor committed grief professional fault and the nature of the fault indicates that performing the duties of a doctor by the accused will endanger the patients or create the risk of another professional fault, doctor’s court on the motion of professional liability spokesmen can issue a decision to temporary hold the doctor’s license or to limit the allowed procedures that can be performed by the blamed for no longer than a year.

Punishment Art. 83 1. Doctor’s court can sentence punishment like: Reminder. Reprimand. Fine. Ban for management functions in health-care institutions for a period from 1 to 5 years (can be in connection to punishment from points e or f). Limit in the allowed medical procedures for a period from 6 months to 2 years. Holding the doctor’s license for a period from 1 to 5 years. Permanent deprivation of doctor’s license.