| Title: | On the insufficiencies of the current legislative regime regarding physician-patient mediation in the professional liability of physicians. A critical analysis of the Polish solution |
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| Authors: | ID Bek, Dominika (Author)
ID Hanc, Jakub (Author) |
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| Files: |  https://journals.um.si/index.php/medicine/article/view/2756
 cervek_m,+2_bek.pdf (563,35 KB)
MD5: F717508D887DB0FBBD20CC03A47CE59E
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| Language: | English |
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| Work type: | Unknown |
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| Typology: | 1.01 - Original Scientific Article |
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| Organization: | PF - Faculty of Law
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| Abstract: | The article presents a critical opinion on physician-patient mediation conducted in the context of proceedings on the professional liability of physicians. The starting point is the Act on Medical Chambers, which provides for the possibility of conducting a mediation between the accused physician and the aggrieved patient. This regulation is unique in the region. Its specific measures, such as, for example, the choice of a mediator among physicians, have undergone a critical assessment in the literature. As a rule, the need for the functioning of mediation in the context of professional liability is not called into question. However, a thorough analysis of the assumptions of mediation and restorative justice and the function of professional liability of physicians suggests going a step further. Although the physician-patient conflict certainly requires conciliatory solutions, it seems that the disciplinary regime does not provide an adequate foundation for agreement because it is unable to secure the aggrieved person’s interests. |
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| Keywords: | mediation, professional liability, medical chamber, physician, restorative justice |
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| Publication date: | 01.04.2023 |
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| Year of publishing: | 2023 |
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| Number of pages: | str. 25-54 |
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| Numbering: | Vol. 16, no. 1 |
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| PID: | 20.500.12556/DKUM-91050  |
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| UDC: | 61:347.965.42 |
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| ISSN on article: | 2463-7955 |
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| COBISS.SI-ID: | 211153155 |
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| DOI: | 10.18690/mls.16.1.25-54.2023 |
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| Publication date in DKUM: | 28.08.2025 |
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| Views: | 119 |
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| Downloads: | 8 |
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| Metadata: |    |
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| Categories: | Misc.
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