Before signing the contract-mandate for night duty at POZ, I want to ask about the interpretation of two provisions: 1 - the doctor is financially and disciplinary responsible for making a diagnosis error in the event of the patient being against the He alth Care Center; 2 - in the event of inability to perform the service, the contractor is obliged to indicate another doctor to the principal to perform it and notify about the appointment of a substitute. There has never been such a wording in previous employment contracts. Can this provision be interpreted: 1 - as the doctor's total (100%) liability in the event of claims; 2 - what about the contract period of 4 months, if e.g. in the fourth month I do not want to work? How to understand the provision on providing replacement?
The interpretation is correct. The doctor bears full material and disciplinary responsibility if he causes any error towards the patient. The doctor is therefore responsible for all negligence, even those that do not concern him, but the he alth care center. Naturally, this provision is very harmful to the doctor, because he holds the full responsibility for mistakes even in a situation in which he would not be responsible, but the He alth Care Center.
The physician will also be blamed for depriving the patient of the chance to cure or survive as a result of, for example, lack of due diligence in the procedure, diagnostic error in the absence of knowledge or necessary preliminary tests, lack of adequate information about the risks and consequences of surgery or an alternative method of treatment , faulty treatments, etc.
You cannot speak of a doctor's fault when, when diagnosing or treating the disease, he did not follow the principles discussed, but used other methods due to the fact that under the existing conditions he could not follow these rules, and the delay put the patient at risk of losing his life or a more serious disease. It is not possible to speak of a doctor's willful fault, for example, when he did not apply the principles of treatment or diagnosis of a disease, generally recognized in medicine, because he did not know it, and by using a different method he intended to cure the patient. In the second case, the doctor's responsibility for the performance of services remains until the end of the mandate contract. Thus, any replacement in the absence of any possibility to terminate the work falls on the contracting physician. He has itobligation to provide a replacement for yourself at the He alth Care Center.
Remember that our expert's answer is informative and will not replace a visit to the doctor.
Przemysław GogojewiczIndependent legal expert specializing in medical matters.
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