PURSUING PATIENTS’ CIVIL LAW CLAIMS IN ACCELERATED PROCEEDINGS – REMARKS IN THE CONTEXT OF THE COVID-19 PANDEMIC

Abstract

The currently prevailing COVID-19 pandemic and the associated heavy burden on the Polish health care system are conductive to medical errors committed by medical personnel, violating patients’ rights, as well as their personal rights. The pandemic also negatively affects the justice system. It is related to the staff shortages both among judges and the administrative staff of courts. Bearing in mind, on the one hand, the possible increase in claims brought by the patients and, on the other hand, the reduction of the efficiency of Polish courts, it seems advisable to establish whether these claims can be heard in accelerated proceedings, the execution of which seems to be a lesser burden for courts. This analysis is justified because the amendment to the Code of the Civil Procedure in 2019 significantly changed the provisions regulating the above-mentioned proceedings. This study outlines the claims that patients are entitled to in relation to the COVID-19 pandemic and which of them can be considered in a particular accelerated procedure.