Blog

21 November 2016

Equal terms of payments for medical facilities in life threatening situations? A judgment by the Court!

As a result of an appeal filed by Duraj & Reck i Partnerzy Law Firm, District Court in Katowice delivered a judgment in a controversial case regarding financing medical facilities for saving lives. In a judgment of 29th of October 2016 (IV Ca 555/16) the Court denied arguments presented by Polish National Health Fund  and ruled whether article 19 paragraph 4 of The Act on Publicly Funded Healthcare Benefits gives right to demand payment for providing medical services to patients in life threatening conditions from National Health Fund only to medical facilities not bind by any contracts with the Fund, or if hospitals contracted by the Fund are able to demand such payments as well, if they provide the services in life threatening cases not covered by the contract.

During the judicial proceding, Duraj & Reck i Partnerzy Law Firm noted that medical staff are not only bound by the Act on Publicly Funded Healthcare Benefits, but by the Act on the Profesions of Doctors and Dentist as well. Acts mentioned above oblige all of the medical facilities to provide medical services in life threatening situations irrespective of the fact, whether they are bound by a contract with National Health Fund or not. However, it would be inadmissible to expect that a hospital would be obliged to cover all of the costs of such services by itself, solely because it was not contracted by the National Health Fund in such case.

As a result of an appeal filed by Duraj & Reck i Partnerzy Law Firm and its opinion defended in the court, judgment pronounced by the District Court disperses all doubts and lets medical facilities focus on saving lives and health of their patients.

Read more on the blog:

  • 30/10/2024

    Tomasz Duraj and Daniel Reck appointed arbitrators at the Court of Arbitration at the Regional Chamber of Commerce in Katowice

    Tomasz Duraj and Daniel Reck, acting as Managing Partners of the Law Firm, have received nominations for the positions of arbitrators at the Regional Chamber of Commerce in Katowice. Attorney Daniel Reck also took the position of Deputy Chairwoman of the Court of Arbitration College. Thus, they will be involved in the settlement of disputes of a national and international nature in arbitration or mediation proceedings.

  • 16/10/2024

    Lifetime driving ban

    As a result of the motion filed by the defence counsel for the resumption of the legally concluded criminal proceedings, the District Court in Częstochowa resumed the proceedings, and then repealed the order for payment issued in the case of the Law Firm's Client in the part concerning the penal measure in the form of a lifetime ban on driving all motor vehicles and remanded the case for re-examination in this respect to the court of first instance.

  • 08/10/2024

    Debate on cybersecurity with the participation of attorney Mateusz Grzech

    In the Platan Shopping Center in Zabrze, a social debate entitled "Let's talk about the safety of young people" was held. The organizers have prepared three discussion panels. One of the speakers on the topic of cybersecurity was attorney Mateusz Grzech.