In Polish practice, the dispute between a patient and a doctor or a doctor and the National Health Fund is increasingly ending up in the civil court room. The doctor may act as a defendant, co-defendant (e.g. together with a hospital) or third-party respondent.
We offer our legal support in case of dispute with patients. The practice of recent years indicates an increasing number of actions filed by patients against healthcare entities, medical practices and individual doctors. The claimed amounts are getting higher and often reach hundreds of thousands of zlotys. There are many specialized law firms on the market that deal with patient claims.
Unfortunately, in many cases, patients' claims are completely unjustified and result from the expectation that a certain medical intervention will guarantee a recovery or achieve the intended therapeutic effect. Patients may also base their legal grievances on jumping at the conclusion “from the effect” - that is they automatically attribute the fact of therapeutic failure or complications to the fault of the doctors treating them.
In addition, in many situations, after losing a case with a patient or the National Health Fund, health care providers bring the so-called recourse claim against the doctor (they demand that the doctor refund the amount previously paid to the patient or the National Health Fund if the liability was based on the culpable act of the doctor).
Our Law Firm has extensive experience in defending health care providers and doctors against unreasonable claims. Many of the issues we deal with include gynaecological, obstetric, surgical and orthopaedic specialization. Our practice indicates, however, that a civil dispute with patients may also arise as a result of the activities of doctors in the so-called non-surgical specialties (internal medicine, genetics, etc.).