Abstract

In response to the implementation of the limitation of criminal liability of medical practitioners for actions taken to diagnose or treat COVID-19 under Article 24 of the Act of 28 October 2020 amending certain acts in connection with counteracting COVID-19 emergencies have arisen among doctors, as well as patients regarding the possibility of claiming for a potential medical mistake. The Act does not define clear limits of liability, and also does not provide a legal definition of the term “acting in special circumstances”. The article concerns the explanation of the construction of the clause and compares it with the construction of justification. It is intended to draw attention to the changes connected with the introduction of the Act. In addition, it tries to define the concept of “gross negligence of care necessary in the given circumstances”. The following part evaluated the impact of the Good Samaritan clause on liability in diagnostic mistake, therapeutic mistake, technical mistake, organizational mistake, informational mistake, as well as prognostic mistake.

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