Abstrakt
The article presents the current model of out-of-court compensation for medical
damages. In particular, the aim of the publication is to analyze the legal nature
of proceedings before the Provincial Committees for the Ruling of Medical Events,
which are to determine the existence of a medical event. Originally, the entity
responsible for medical events was to be primarily the insurer. As a result of the
legislative changes which led to the abolition of the insurance obligation, the entity responsible in the procedure before the Commission became de facto hospital.
The author describes the subject of the commission procedure and then confronts
it with the subject of compensation proceedings before the civil court. She also
considers the nature of the proceedings before the Commission in comparison
with the mediation proceeding. Against this background, she formulates de lege
ferenda postulates which, without pretending to propose final legal solutions, are
intended to provoke a discussion on possible ways of repairing the described model.