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Dr Urszula Drozdowska
ORCID: 0000-0002-7663-1904

 

Dr Urszula Drozdowska

Doctor of Law. Assistant professor at the Department of Civil and Commercial Law at the Faculty of the University of Białystok. Author of over 90 publications in the field of civil and medical law, including monographs and articles in scored journals.

 
DOI: 10.33226/0137-5490.2021.12.4
JEL: K21, K29, K40

The aim of the publication is to describe current trends in case law regarding objectification of tort liability of medical entities. The author draws attention to new areas of this liability developing the construct of a tort. First, the legal framework of tort liability of medical entities and their insurers is presented. Next, it presents judgments in which, apart from medical error, violation of patient's rights becomes an increasingly common basis for liability. The author does not deny the line of jurisprudence leading to empowerment of the patient, but at the same time author expresses her reservations about the judgments in which compensation is awarded as a result of violation of patient's rights, as if automatically, without examining the fault of the medical entity, or without verifying whether a separate tort causing nonmaterial harm has been committed. Regardless of the above, the author draws attention to the lack of insurer's assurance in case of violation of patient's rights, which does not seem to be a desirable phenomenon from the point of view of legal safety of the entity providing treatment and the patient.

Keywords: tort liability; medical entity; violation of patient's rights