Criminal liability of a physician for medical malpractice in jurisprudence based on article 160 of the penal code – an outline of the issues

Abstract

The right to health protection, guaranteed under Article 68(1) of the Constitution of the Republic of Poland, constitutes a fundamental right of every citizen, regardless of their social or financial status. The realization of this right is the responsibility of public authorities, which are tasked with organizing and financing universally accessible healthcare services. Although the term "medical malpractice" lacks a statutory definition, it has been shaped through legal doctrine and jurisprudence, encompassing diagnostic and therapeutic errors. Physicians may incur civil, criminal, and professional liability. Criminal liability, particularly under Article 160 of the Penal Code, pertains to exposing a patient to an immediate danger of loss of life or serious bodily harm. The case law of the Supreme Court confirms that, for the imposition of liability, mere exposure to danger suffices, irrespective of the possibility of reversing the harmful consequence.