Odpowiedzialność karna lekarzy za błąd medyczny prowadzący do śmierci pacjenta – opis przypadku i analiza prawna sytuacji

Konrad Wroński

Summary
In Poland, every patient has the right to health care that is closely related to human dignity and the right to life. The Polish Constitution provides every citizen equal access to health care services, which are financed from public funds, regardless of his financial situation.
The doctor during her work is obliged by law to provide health services in accordance with current medical knowledge. The records of the necessity of providing health services in accordance with current medical knowledge are statutory, and this means that there is no place on the legalization of behaviors that do not conform to current medical knowledge. Doctor negative effects of performance or omission of medical procedures that are not consistent with the current state of medical knowledge may incur civil liability, criminal and professional. In this article the author describes surgically treated 58-year-old man with gastric cancer, in which as a result of an earlier diagnostic and therapeutic mistake was death in the postoperative period. The author raised the legal issues associated with criminal liability for committing medical malpractice, which exposes the patient to the risk of loss of health and life.

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