Monitor Prawniczy

no. 13/2021

„Good Samaritan clause”

DOI: 10.32027/MOP.21.13.3
Paulina Bielska-Siudzińska
Autorka jest adwokatem (ORA w Bydgoszczy), doktorantką na WPiA Uniwersytetu Mikołaja Kopernika w Toruniu. ORCID: 0000-0002-2911-8120.
Abstract

For a long time, representatives of the medical community have postulated the need to introduce solutions to the Polish legal system that would exclude criminal liability of doctors and medical personnel for committing medical errors in diagnosing and treatment of Covid-19. These solutions were to provide doctors and medical personnel with a guarantee of safety when taking decisions and actions, often difficult and undertaken in difficult situations, with frequent shortages of staff and necessary medical equipment. The legislator recently decided to introduce such a solution and included it in Art. 24 of the Act on amending certain acts in connection with counteracting crisis situations related to the occurrence of COVID-19 of 28 October 2020 (Journal of Laws 2020, item 2112), which is commonly referred to as a Good Samaritan clause. Therefore, it is worth analysing the new regulation.