Defense of doctors and healthcare companys
Persons performing medical professions – doctor, dentist, nurse, midwife, laboratory diagnostician and other health care workers, performing their daily duties, are obliged to act in accordance with current medical knowledge, due diligence and in such a way as not to violate the personal rights of patients and their families, the work of patients, professional secrecy, or rules of conduct, the exceeding of which may give rise to criminal liability.
Moreover, medical entities would not be able to function without managers and heads of unit who implement Union and national legislation on health care and the provision of services in such a way as to ensure maximum patient safety, qualified medical staff, decent working conditions, professional equipment and the viability and liquidity of the entity in the realities of the entity. These extensive responsibilities of managers translate directly into the need for continuous legal monitoring and prudent and legal action to minimise the risk of criminal and civil liability.
The Joanna Jakubowska-Zawada Law Firm specializes in medical, civil and criminal economic law and provides medical entities and medical staff with comprehensive and professional defense against civil claims, defense in criminal and commercial criminal proceedings, as well as defense in professional liability proceedings, in particular against..:
- Patient’s Rights Ombudsman,
- disciplinary courts,
- the Provincial Commission for the Assessment of Medical Procedures,
- National Health Fund,
- pulling organs, including the police and the prosecutor’s office,
- arbitration courts,
- administrative courts,
- The Supreme Administrative Court,
- civil, criminal, economic and labour courts of law,
- Supreme Court.
Defence in civil matters
Civil proceedings against medical entities and persons performing medical professions concern mainly the infringement of personal days, patient’s rights, causing damage or claims under contracts, including due to non-performance or improper performance of the contract.
Each civil case is different and unique, therefore, the Law Office approaches each case individually, preparing a plan and strategy of process and long-term action in terms of possible changes in the functioning of the entity, so as to fully protect the current and future interests of customers.
Within the framework of civil cases concerning medical entities and medical personnel, the Law Firm represents Clients in the following cases:
- claims arising from contractual obligations, including in particular service contracts, contracts for specific work, contracts of mandate, supply contracts,
- Claims for non-performance or improper performance of the contract,
- …claims from the employment relationship,
- Claims for infringement of personal rights, such as good name, reputation, image, correspondence secret, inventive work, right to a name, business secret,
- Claims for violation of patient’s rights, inter alia: the right to health services provided with due diligence and in accordance with the requirements of current medical knowledge, the right to information about one’s health, the right to confidentiality of information, the right to treatment of pain, the right of access to medical records, the right to express or refuse consent to the provision of health services,
- claims for compensation for damage in cases of so-called medical error.
Defence in criminal matters, including commercial matters
Criminal proceedings involving medical practitioners and medical professionals can be distinguished according to the area in which the offence can be committed, namely:
- provision of health services and obligations of the guarantor’s doctor,
- Peri-medical activities,
- management of the medicinal entity.
Crimes related to the provision of health services are probably the most difficult category of criminal offences for which a doctor has to face criminal charges. The Law Firm acts as a defense counsel in criminal proceedings against persons performing medical professions, the subject of which is:
- exposure to direct danger of loss of life or serious injury,
- causing damage to health (mild, moderate or severe),
- bodily harm to a conceived child,
- termination of pregnancy in violation of the law,
- inadvertently causing death,
- an euthanasia killing,
- to perform a therapeutic procedure without the patient’s consent.
In judicial practice, there are also observed crimes that occur in the course of providing health care services, therefore they are referred to as “medications” and related to the management of a medical entity, which will constitute a group of economic criminal offences. The Joanna Jakubowska-Zawady Law Firm represents clients in cases concerning the following matters
- defamation, i.e. defamation, i.e. defamation of another person or entity for conduct or properties that may humiliate it in public opinion or expose it to a loss of confidence necessary for the position, reputation or type of activity in question,
- an insult, i.e. an insult to another person in his/her presence or in his/her absence, in the intention that the insult should reach that person,
- forgery of documents, i.e. forgery, alteration of documents to be used as authentic and use of a forged document,
- violation of physical integrity,
- false testimony, i.e. testimony of untruth or concealment of truth in court or other proceedings under the Act,
- false accusations,
- crimes against business transactions, including, but not limited to, illegal removal of company assets, abuse of trust, money laundering, fraud, including credit fraud, bribery, including enforcement, corruption,
- a crime against information security.