Remarks on damages in healthcare institutions

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Piotr Stępniak

1 (59) 2016 s. 74–81
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Fraza do cytowania: Stępniak P Remarks on damages in healthcare institutions. Piel Pol. 2016;1(59):74–81.

This acticle is devoted to civil responsibility of institutions of health care protection, especially hospitals, for the damage related to their functioning. Its author presents the current legal status, according to which a hospital is considered to be a company. It is responsible for the damage on the basis of risk (art. 435 § 1 Civil code). The author presents the notion of movement, the force majeure, the fault of the injured party and the fault of the third party. In this article, its author also analyses the problem of responsibility of medical personnel in institutions of health protection depending on the contract. The personnel employed permanently (contract of employment) is best protected in the aspect of civil responsibility for the damage caused to the patient.

Key words: institution of health protection, medical personnel, damage, patient, risk, movement.



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