Rola mediacji i mediatora w postępowaniu w przedmiocie odpowiedzialności zawodowej lekarza

Abstract

Polish Act of 2 December 2009 on Medical Chambers created the institution of mediation between the accused doctor and the aggrieved patient into the proceedings concerning professional liability of doctors. Although the doctor-patient conflict seems to fit perfectly into the mediation assumptions, this solution is not popular. The authors of the article analyze Art. 113 of the Act on Medical Chambers and selected consequences resulting from the reference to Art. 112 of the Act on Medical Chambers, to the Polish Penal Code and the Code of Criminal Procedure. They study the role of mediation and mediator in the light of mediation principles and mediation practices adopted under other regimes of responsibility. In the perceived discrepancies, and even contradictions, they seek the causes of dysfunctional mediation regulation in the Act on Medical Chambers. The authors come to the categorical conclusion that the role of mediator on the doctors' professional responsibility can not be reconciled with the role of a doctor. Moreover, they acknowledge that the Act on Medical Chambers should precisely define the consequences of a settlement in proceedings relating to the professional liability of doctors.