The rapid development of medical science, including numerous diagnostic methods and therapies, as well as other previously unknown fields such as transplantation, assisted reproductive technology (ART) or genetic engineering, puts both a contemporary doctor and a patient in front of problems that few years ago have not even existed. The doctor must meet all the obligations arising, inter alia from the Medical Profession Act, the Patient Rights Act or the Act on Medical Activity, and from numerous executive acts issued on their basis. The complexity of current regulations and constant changes in laws mean that medical cases require professional legal support. Legal support for physicians is an indispensable element of healthcare activities. Knowledge of legal regulations in this area requires the support of a specialist currently referred to as a medical lawyer.
The health services market sets requirements not only for doctors, but also for their legal advisors. These include lawyers and attorneys-at law who specializes in medical law and have an extensive knowledge of the medical industry. Solving professional problems requires both knowledge of broadly understood medical law and long-term practice. The effect of the above is the experience gained during the implementation of doctors-related commissions, which include legal assistance for doctors' offices and clinics. Entities whose specialty and duty is the legal service of medical professionals are also required to be familiar with the legal and economic conditions and requirements of the medical sector.
Disputes about medical malpractice revolve around such important values as human health and life. A patient may sue a doctor in a civil court, may notify the DA’s Office of a crime, may issue a complaint with the Medical Screener for Professional Liability, who, in turn, initiates proceedings before the Board for Professional Medical Conduct. Currently, patients quite often use the decisions of criminal courts and Boards for Professional Medical Conduct as well as evidence collected in these proceedings (including expert opinions) for proceedings before a civil court. Long-term court proceedings do not always end with a positive ruling for the plaintiff (i.e. a doctor or a medical entity). This puts not only the doctors but also the management team against new challenges related to the assessment of these matters.
Legal assistance to physicians covers many aspects of healthcare work and related problems. An attorney-at-law or a lawyer with an extensive knowledge of medical law and who knows how to execute it in practice is often a last resort for a medical professional accused of malpractice as the errors are often the result of an accident and not of negligence or lack of professional preparation. A medical lawyer represents a doctor in both Boards for Professional Medical Conduct and civil courts. The proceedings before the Boards for Professional Medical Conduct also apply to medical facilities, which is why one of the areas of support offered by our Medical Law Firm of Attorney-at-Law is legal assistance for clinics.
In addition to court cases, legal services for physicians also relate to the provision of advisory services on various contentious issues. Our attorneys-at-law represent doctors before medical self-government bodies, handles counteracting the consequences of violation of personal rights, advises on professional ethics and safe cooperation with pharmaceutical companies. Using their knowledge of medical law, they not only solves problems that have arisen, but also help prevent them.
Due to our narrow specialization, our Medical Law Firm of Attorney-at-Law will provide you with competent help, supported by extensive knowledge and relevant experience.
Offer for doctors:
- legal assistance in contacts and disputes with patients, including settlement negotiations and mediation with patients
- assistance at the pre-trial stage and at litigation (cases) in the field of doctors' civil liability
- legal assistance in the field of disciplinary liability, both at the stage of proceedings before the Medical Screener for Professional Liability and during proceedings before Boards for Professional Medical Conduct
- legal assistance during proceedings before the Regional Commission for Evaluation of Medical Events
Offer for medical/dental offices and clinics:
- legal assistance in preparing correct documentation, including the statute, entry in the register
- legal assistance in contacts and settling accounts with the National Health Fund (Narodowy Fundusz Zdrowia – NFZ)
- legal assistance in the field of medical experiment
- legal assistance regarding contacts and disputes with patients, including legal proceedings
- legal assistance in preparing contracts with working or cooperating doctors
- representation during business negotiations, disputes with contractors
- representation during court proceedings in civil suits
- legal assistance in the preparation of correct medical documentation required for the provision of medical services, in particular:
a) consulting and preparing contracts with patients
b) information directed to patients, especially regarding informed consent for surgical procedures