Imprecise legal norms in Polish Medical Law System as the as a determinant of Defensive Medicine

Abstract:

Defensive medicine originally refers to medical activities aimed at preventing or minimizing the risk of liability for medical malpractice. First of all, the attention is focused on the actions of the doctor who, using the so-called positive or negative defensive medicine as well as offensive defensive medicine aims to avoid legal liability, disregarding the patient's welfare. This practice is dictated by several factors, the key role of which is the lack of normative uniformity in the medical law system, which leads to tensions in the professional environment of doctors, arousing anxiety and fear, which only aggravates the chaos in the health care system already affected by the crisis.

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