Gloss to the judgment of the Supreme Court of 12 May 2023, IICSKP 885/22SKP 885/22 12 May 2023, II CSKP 885/22
DOI:
https://doi.org/10.34767/DP.2024.01.06Keywords:
civil law, patient’s right, medical law, compensationAbstract
The issue of potential claims in the event of personal injury and violation of patient rights has been the subject of quite a large number of court
decisions and numerous scientific studies. In a commented judgment, the Supreme Court also expressed its position in this respect, assuming that compensation based on article 448 of the Civil Code in connection with article 4 section 1 of the Act of November 6, 2008 on patient rights and the Patient Ombudsman is an independent and separate claim from the claim for compensation for
personal injury based on article 445 § 1 of the Civil Code. The purpose of this gloss is to approve the analysis of the Supreme Court’s decision.
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