Can a doctor working under contract, in the event of illness, use the help of another doctor as a substitute?
Yes, it may, provided, however, that such a possibility arises from the contact agreement between the he alth unit and the doctor. A medical contract is an unnamed civil law contract - it is subject to the general provisions of the Civil Code, as well as the provisions on mandate (Articles 734-751 of the Civil Code), so you should strive for the fullest and specific regulation of all its provisions in the management contract. The subject of a medical contract is a professional, paid (in general) service consisting in the care and treatment of patients. Under the contract, the doctor undertakes to provide the treatment on behalf of and on behalf of the therapeutic agent for remuneration. Usually, the contract between the he alth unit and the doctor does not provide for the substitution of a doctor. It is also difficult to find provisions as to the obligation to arrange replacement by the physician who turned out to be ill, or the he alth unit for which the physician performs "work". Usually, medical entities are looking for other entities themselves - other doctors who can replace a sick doctor, thus creating a new contract. Such an agreement is also a doctor's contract, e.g. for the duration of another doctor's illness. Such an agreement may be limited in time, duration, or may be fixed until the return of the primary physician who is on leave at that time. The contract is not an employment contract, it is a civil law contract, the content of which is determined by the interested parties themselves. Sometimes there are discrepancies in the interpretation of the responsibility of contact physicians in a situation where they terminate their contract overnight or report their absence due to illness. However, it should be remembered that the contract itself may impose sanctions on a doctor who treats patients in a grossly negligent manner. However, a commonly used practice has been developed that a doctor whose he alth condition indicates that he will not be able to perform contact work due to illness notifies the entity for whom he performs the contract of temporary inability to perform tasks.
Legal basis: Civil Code Act (Journal of Laws of 1964 No. 16 item 93 as amended)
Remember that our expert's answer is informative and will not replace a visit to the doctor.
PrzemysławGogojewiczIndependent legal expert specializing in medical matters.
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