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EN
Polish regulations provide a variety of mechanisms of liability for damages caused by medicinal products and medical devices, including a fundamentally significant mechanism – civil liability. Such a liability may assumed by different categories of entities, including their producers, trading entities or entities conducting medicinal activities and using medicinal products/ medical devices under the subject’s activities. The civil liability regime of entities conducting medicinal activities is conditional upon the formal and legal status of the entity conducting medicinal activities and the relationship binding them with a patient on the basis of tortious and contractual principles. Statutory obligations to apply such liability regimes may frequently prevent (or even inhibit) the rectification of damage caused by medicinal products and medical devices, which gives rise to proposals to modify the general principles of liability and seeks solutions to provide an optimal system of compensation for such damages.
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2015
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vol. 5
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issue 4
43-45
EN
Civil liability for medical malpractice may be attributed either to a doctor or a hospital when any of these persons’ acts or omissions cause injuries to a patient; it may be also the hospital’s liability for the damage caused by negligence of its staff (doctors and other personnel). The rules that govern this liability and the way of compensating the damage are different due to the grounds on which the doctor performs medical services and, in case of hospital’s liability, the relation between a doctor and a health care institution. A doctor who runs his private medical practice bears civil liability individually and is obliged to pay damages if any of his patient suffers injury in connection with the treatment. However, a doctor who acts as employee of a health care institution is protected by the provisions of the Labour Code and exempted from civil liability to a patient. On the other hand, a so-called independent contractor’s liability is joint and several with a hospital that has engaged him. However, case law seems to protect such doctors and treat them as hospital’s employees if certain premises are fulfilled (like de facto subordination of the doctor to the head of the ward).
4
75%
EN
Background. It is undeniable that coaches play a major role in the development of athletes. Coaches and athletes have a close relationship and share various experiences that lead to a strong bond between them, and this is of great responsibility for the coach. Therefore, the coach should maintain this bond with mutual respect and trust. Various responsibilities are progressively placed on coaches by law to prevent or minimize injuries to athletes. In other words, since a coach is placed in a position of power and trust, the duty of care will always be placed on him. If certain requirements are not met, the coach may be held financially, or even criminally, liable. In this study, the author explains and discusses coaches’ legal duties, legal liabilities, and the elements required for liability of coaches toward athletes.
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