Resumen de Contractual liability of a doctor in private practice for medical errors in Polish law

Tomasz Szancilo

• The doctor's liability for medical (medical) errors is relatively broad in theory, and the patient is in a privileged position, because –if a contract is concluded –in practice he or she can claim damages under two liability regimes. By far the more common of these liability regimes is the ex delicto regime, which is only justifiable if it is assumed that in the ex contracturegime no redress for non-pecuniary damage is possible, which, as has been shown, isn’t justifiable. However, on the assumption that it is also possible to compensate for non-pecuniary damage in the case of a contract for medical services, the distribution of the burden of proof referred to above constitutes a significant facilitation in relation to the patient's claim under the tort regime.