Medicals law

It is vital to understand that we as a team believe in the saying of ‘let the medics cure’. We offer a great deal of advice and support for healthcare facilities including representation in disputes related to health damage compensation, a personality protection, or disputes with health insurers on healthcare reimbursement.

Our legal advisory team covers the entire area from medical law, pharmaceutical law to the organisation of healthcare. We deal with rights of medical workers that involve issues with medical secrecy, or with issues connected to the rights of patients, their informed consent; or to the legal responsibility related matters (criminal or private law responsibilities). Our assistance also extends to legal drafting of documentations which include internal rules that better help the quality and standards within the care and practice and is more available to health services as well as improving the communication standards between a facility and its patients.

Compensational claims

The new Civil Code brought some noticeable changes to the medical law standards as it governs the personality rights of a patient in relationship to a medical performance, next to the more specific Healthcare Act.

The number of claims for compensation of damage on personality rights or criminal charges on medics in relation to healthcare services has been growing at a steady rate as the right of patients continue to strengthen. Our aim is to provide a comprehensive qualified legal representation in all areas of medical law, that is not limited only to disputes with patients or insurers.

Here at ARROWS, we have a strong independent team ready to assist you in any unfortunate situation, especially in matters where criminal charges and proceedings are brought against you. Healthcare facilities approach us in cases when a criminal procedure is initiated against a medic in relation to the healthcare service provided. The law also prescribes several delicts that can only be committed during healthcare services provisions, so our specialization proves to be an advantage in this instance.

Relationships with insurers

Health insurance is regulated by public law. Within this area, we offer legal services in disputes regarding application of regulatory deductions for drugs or in disputes for healthcare reimbursement by the insurers. In addition to this, we draft proposals for conciliations; we assist with assessment of reimbursement addenda and contracts with insurers.

The cross-border provision of healthcare is another interesting aspect of medical law which we are heavily active in, especially in the context of regulation of reimbursement and availability of such international healthcare services.

The legal services that we provide and support you with are the following:

• complex legal services to healthcare facilities (hospitals, private clinics), full legal service, representation in court disputes, administrative procedures, drafting and revision of contracts, internal rules, and others;
• legal representation in litigation for compensation of pain, social capabilities deterioration, loss in future profit, effective costs for treatment, lump-sum compensation to kin; negotiations with insurers, conciliation agreements, claims for compensation of damage on health;
• legal services in relation to sale, donation, heritance of medical practice; and to transfers of healthcare facilities;
• legal representation in litigations regarding apology for and compensation of intangible damage of personality rights in money; claims for personality protections;
• legal representation in all stages of criminal procedures (interrogation of a medic, witnesses, experts, revision of the official file, representation in the main hearing, public hearing), defence of medics in criminal procedures;
• legal representation in disputes for application of regulatory deductions for drugs and required healthcare, and in disputes for reimbursement of provided healthcare. Drafting conciliation proposals, assessment of reimbursement addenda and contracts with insurers, disputes of medics (healthcare providers) with insurers.