O przedmiocie i charakterze prawnym spraw rozstrzyganych przez Wojewódzkie Komisje do spraw Orzekania o Zdarzeniach Medycznych

Abstract

The article presents the current model of out-of-court compensation for medical damages. In particular, the aim of the publication is to analyze the legal nature of proceedings before the Provincial Committees for the Ruling of Medical Events, which are to determine the existence of a medical event. Originally, the entity responsible for medical events was to be primarily the insurer. As a result of the legislative changes which led to the abolition of the insurance obligation, the entity responsible in the procedure before the Commission became de facto hospital. The author describes the subject of the commission procedure and then confronts it with the subject of compensation proceedings before the civil court. She also considers the nature of the proceedings before the Commission in comparison with the mediation proceeding. Against this background, she formulates de lege ferenda postulates which, without pretending to propose final legal solutions, are intended to provoke a discussion on possible ways of repairing the described model.