Complaint about a medical facility (Poland)

Published byDocMuse

A complaint to the head of a Polish hospital, clinic or practice about treatment, service or a breach of patient rights — a refused service, missing information, poor treatment, records withheld: the patient's details, the date and department, what happened, the action expected and a request for a written answer within 30 days. It notes that the complaint does not close the route to the Patient Rights Ombudsman, the National Health Fund or the courts.

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Common questions

Where can a complaint about a doctor or hospital be made in Poland?

First to the head of the facility, who should look into it. For a breach of patient rights, the Patient Rights Ombudsman helps free of charge, and for services funded by the National Health Fund — a refused admission or a waiting list, say — the Fund's regional branch. A doctor's breach of professional ethics goes to the regional professional-liability officer at the medical chamber, and damages and compensation are for a court.

Is compensation due for a breach of patient rights in Poland?

Yes. For a culpable breach of patient rights — the right to information, to consent to treatment, to privacy or to one's records, for instance — a court can award monetary compensation under art. 4 of the Patient Rights Act with art. 448 of the Civil Code, separately from damages for harm to health. A complaint and the findings of the Patient Rights Ombudsman are often valuable evidence in such a case.

How can a doctor's opinion or decision be challenged in Poland?

If a doctor's opinion or decision affects the patient's rights or obligations under the law, an objection can be filed within 30 days with the Medical Commission at the Patient Rights Ombudsman (art. 31 of the Patient Rights Act). The objection must name the provision the rights or obligations come from and give reasons. In other cases, a second opinion from another doctor is the way forward.