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  1. 1 Polish Journal of Surgery

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  1. 1 2022

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  1. 1 Rączka P.

  2. 1 Śmietański M.

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The Legal Nature of Guidelines of Scientific Societies in the Light of the Polish Legal System

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Śmietański M., Rączka P.
Polish Journal of Surgery
|
2022
|
vol. 95
|
issue 3
1-7
EN
Aim: The paper aims to establish the legal nature of guidelines in the Polish legal system and the possible formal consequences of introducing such guidelines (litigation, professional responsibility), as well as the practical implications concerning the method of treating patients. Methods: The analysis explains fundamental issues that largely determine the content of the study. The basic assumption is to analyze the legal nature of the prepared guidelines from the point of view of public law, i.e., the relations between the state, as the primary public law entity, and individual, private entities, such as natural persons, legal persons, or organizational units without legal personality, and more specifically, the relations between state authorities and medical professionals. Results and conclusion: 1) Treatment guidelines fall outside the scope of the universally applicable law subsystem. Therefore, they do not constitute sources of universally binding law. 2) Furthermore, the guidelines do not constitute sources of domestic law, as the issuing bodies have no legal authority to issue them and to mould the legal situation of their addressees. 3) In regulations that shape the rules of practicing medical professions, both statutory and corporate (the Code of Medical Ethics), the guidelines may constitute the basis for adjudicating on the professional (disciplinary) liability of a physician. 4) The guidelines may pose a barrier to the development of medicine, especially in cases where the issuance thereof by ad hoc groups and the lack of updates lead to the consolidation of outdated clinical practice and inhibit the research potential generated from the bottom up.
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