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Civil liability of doctors and the employment relationship
Author(s) -
Piotr Stępniak
Publication year - 2016
Publication title -
journal of medical science
Language(s) - English
Resource type - Journals
eISSN - 2353-9801
pISSN - 2353-9798
DOI - 10.20883/jms.2016.8
Subject(s) - liability , legal liability , civil code , business , meaning (existential) , liability insurance , employment contract , labor contract , vicarious liability , delict , law , law and economics , actuarial science , economics , work (physics) , political science , tort , labor relations , accounting , private law , public law , psychology , engineering , mechanical engineering , black letter law , psychotherapist
Article takes the issue of liability of doctors in connection with the provision of health services. The author suggests that this responsibility depends on the type of their employment by the therapeutic entity. So it is regulated by civil law and labor law. Therapeutic entity is as responsible as a company, ie. on the basis of risk. Responsibility of the doctor depends on whether he is employed on the basis of a civil contract, or contract of employment. The author widely discusses implications of different employment contracts. He indicates that the best situation the doctor has as an employee within the meaning of the Labor Code. His liability is in this case reduced to a minimum, i.e. up to 3 – monthly salaries. In the case of civil law contracts, the liability is unlimited. Therefore, the author recommends in the conclusions, that doctors should make contracts of liability insurance.

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