Higher Goods Clause: Work on legislation will be completed in September

During a recent meeting between the president of the Supreme Medical Council, Lukasz Jankowski, and Justice Minister Adam Bodnar, further cooperation was discussed to introduce into the Polish health care system solutions that minimize the consequences of medical errors without blaming specific individuals. The Medical Council proposed changes to the provisions of the Criminal Code, calling them the "higher good clause," reflecting the desire to improve the quality of medical care and protect patients.

Work on the new regulations is underway and is expected to be completed in September. According to a demand by the Medical Council, special departments dealing with medical error cases in regional prosecutors' offices are to disappear from the prosecution system. This change is intended to simplify procedures and focus on solving problems within the health care system, instead of introducing a criminal aspect in cases of non-fault medical errors.

- We want our clause - the higher good clause - to be the foundation of a friendlier and fairer system for patients and doctors," explains the NRL president.

Recall: the medical self-government wants to introduce a "culture of fair treatment," an element of which would be the higher good clause. This is a development of the no fault system, in which a doctor (medical worker), is not subject to punishment if, while caring for the patient and performing medical services, he acted in a way that entailed adverse reactions, complications - and, as a result, damage to the patient's health. Criminal liability would remain for cases of gross negligence or simply breaking the law. The no fault system frees the doctor (medical professional) from criminal liability only - civil liability and professional liability remain.

Source: NIL