E-prescriptions: Court confirms that medical facility's fine was justified

On October 9, 2024, an important judgment concerning the protection of patients' collective rights was handed down before the Regional Administrative Court in Warsaw. The case concerned a decision by the Patient Ombudsman, which imposed a fine on a facility offering to obtain prescriptions for drugs solely on the basis of an online questionnaire filled out by patients, without a standard medical consultation. The court affirmed the legitimacy of the decision, finding that the facility's practices were incompatible with applicable laws and posed a health risk to patients.

The Patient Ombudsman has previously found that the medical facility violated patients' collective rights by offering medical services in a way that could lead to irresponsible treatment. Specifically, this included the ability to obtain e-prescriptions for psychotropic, antidepressant or psychoactive drugs, including medical marijuana, without a reliable analysis of the patient's condition. A questionnaire filled out online, it stressed, could not be considered a full-fledged medical examination.

In accordance with Article 42 (1) and (2) of the Law on the Profession of Physician and Dentist, health services must be provided with due diligence and in accordance with medical knowledge. The legislator makes it clear that the correct diagnosis of a patient's condition requires direct contact with a doctor and possible consultation of additional medical records. The facility involved in the decision did not apply these standards, which, in the Ombudsman's and the Court's view, posed a real risk to patients.

Despite an earlier decision by the Ombudsman for Patients' Rights ordering an end to unsafe practices, the medical facility failed to make the required changes. As a result, the Ombudsman imposed a fine of more than 230,000 zlotys to safeguard the interests of patients and force the facility to change its approach.

The medical institution challenged both the decision to declare its practices unlawful and the imposition of a fine. However, the Provincial Administrative Court in Warsaw, in reviewing these complaints, unequivocally agreed with the Patient Ombudsman. The court found that the facility's practices were unlawful, and that the financial penalty imposed was appropriate to the violation committed.

The decision sets an important precedent, emphasizing the need to adhere to medical standards and protect patients from risky practices. The court pointed out that the process of providing health care services must comply with the law and with due diligence, and medical facilities that fail to do so can face severe sanctions.

The ruling by the Provincial Administrative Court shows that the law upholds patient safety, and the Patient Ombudsman's decisions are aimed at protecting these rights. In an era of growing popularity of online medical services, it is imperative that the services offered comply with current standards and regulations so as not to put patients at risk.

Source: MPC