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Civil law measures to protect the patient as a consumer

14 December 2022

Everyone has been or will be a patient, which means that they will become an element of an increasingly competitive and commercial market for medical services. The presented study is the first publication in the Polish legal literature to address the issue of civil law measures for the protection of the patient as a consumer. Polish law is extending its protection to more and more entities considered to be weaker subjects. The development of medicine and the accompanying technical possibilities force the legislator to look at the individual through the prism of new challenges. Hence the author's interest in the patient perceived as a consumer of health services. A research question arises as to which civil law consumer protection measures can also be used to protect the patient. Answering this question was preceded by determining whether the patient is the weaker party of the trade and in which relationships the patient can be considered a consumer.

In the publication, the author presents in particular:

  • in-depth analysis of the concepts of consumer and patient,
  • the answer to the question of whether the patient meets the Code's definition of a consumer,
  • A comparison of the basic rights that consumers have with the rights that patients have.

The book is aimed at those who are interested in the development of contemporary consumer and medical law, particularly on a common ground. It will be useful for the work of organisations dealing with patient rights issues, lawyers, medical practitioners and others interested in the issues discussed. The publication can also be recommended to law and medical students.

At the same time, the book will be useful for patients as it shows the patient in a completely new legal situation and shows how to enforce the consumer rights owed to him/her.