A patient complaint requires a healthcare provider in Poland to identify the requests, preserve records and prepare a factual response. There is no single 14-day or 30-day deadline for every letter. An internal complaint, a medical-records request, a monetary claim and a communication from an authority must be distinguished. Investigating a complaint does not justify withholding the patient’s access to their medical records.
This guide is for owners, boards and managers of healthcare providers operating in Poland. It concerns the organisation of a legal response, rather than assessment of treatment in an individual case. Law reviewed as at 9 October 2026. A publication of Tomasz Piotr Chudzinski and Partners Law Firm.
Patient complaint: identify the type of communication first
One message may contain several requests. A patient may question how an appointment was organised, request a copy of their records and seek compensation. Record the date of receipt, the delivery method and every part of the request. Then allocate the appropriate procedure and responsible person to each element.
Also establish who is writing. A family member, employer or intermediary does not automatically have a right to the patient’s health information. Article 26 of the Polish Patient Rights and Patient Rights Ombudsman Act identifies those entitled to medical records. Being able to report a concern does not confer unrestricted access to medical data.
| Communication | First step | Main caution |
|---|---|---|
| Complaint about organisation or staff conduct | Establish the facts and applicable response procedure | Do not assume one deadline applies to every provider |
| Medical-records request | Verify entitlement and provide access without undue delay | Do not wait for the complaint investigation to finish |
| Demand for payment | Review the legal basis, documents and insurance terms | Distinguish an operational response from the full litigation position |
| Letter from the Ombudsman, a court or another authority | Check its basis, scope and deadline | Do not mechanically apply internal complaint deadlines |
Preserve records without rewriting the treatment history
Once a complaint arrives, preserve the material connected with the event. This includes the relevant medical records, system change history and lawfully retained operational information. Depending on the issue, appointment schedules, correspondence, consents and versions of information supplied to the patient may also matter.
Define the scope of preservation and who is responsible. There is no need to circulate the entire record to every employee. Access should be limited to people whose duties justify it. When providing material to an adviser or insurer, preserve confidentiality, establish the appropriate legal basis and use a suitable secure channel.
What if an entry is wrong?
A patient complaint does not authorise removal of inconvenient entries or retrospective additions presented as if they had been recorded earlier. Section 4 of the Polish regulation on medical records requires identification of the person making entries or changes. An incorrect paper entry must not be removed. It should be crossed out, with the reason, date and identification of the person making the correction.
Electronic records must retain integrity, traceability of changes and compliance with the applicable system rules. An honest correction differs from creating the appearance that the original record contained something else. Where an omission is discovered, any addition should reflect the actual timing and basis of the step taken.
Staff explanations are a separate form of material
Ask those involved for individual factual accounts that distinguish memory, documents and assumptions. Do not agree a single version for everyone to sign without checking it independently. A note prepared to investigate a complaint neither replaces the medical record nor should be presented as an entry made on the treatment date.
Access to medical records is independent of the dispute
Articles 23–28 of the Patient Rights Act and section 70 of the regulation govern record access. Records must be provided without undue delay while preserving confidentiality, integrity and authenticity. The provider should not wait for a completed complaint response, an insurer’s opinion or a decision on whether to admit a monetary claim.
A request does not automatically have to use the provider’s own form. The Patient Rights Ombudsman explains that internal procedures should facilitate the right rather than create additional barriers. Requiring patients to explain why they need their own records should not become a condition of access. The principles are discussed in the Ombudsman’s official guidance, available in Polish.
Check the recipient’s entitlement and the appropriate access method. The first provision to the patient or their statutory representative within the requested scope benefits from the statutory fee exemption for the specified forms of access. This does not mean every later copy or every request from any entity is always free. Where a lawful refusal is necessary, provide the reason in the appropriate form.
What is the deadline for responding to a patient complaint?
The deadline depends on the legal basis, recipient and type of matter. A private provider should not automatically import every rule from administrative proceedings or general consumer complaints. Special provisions, the provider’s legal nature, organisational rules and the content of an authority’s letter can all matter.
Internally, set a short acknowledgment target and a concrete intended response date. If investigation needs more time, explain the further steps factually. Such a message does not extend a statutory or court deadline. Nor does it replace the separate obligation to provide record access without undue delay.
Where does the Ombudsman’s 30-day period come from?
Article 53(5) of the Patient Rights Act concerns a specific formal intervention issued after the Ombudsman has found a rights violation in an explanatory proceeding. Its recipient must report the measures taken or position adopted without delay, no later than 30 days. This is not a universal response period for every patient letter or every request from the Ombudsman.
For another authority communication, examine its legal basis, deadline and requested information. The response should be complete, organised and consistent with the documents. If the provider challenges the authority’s position, select the appropriate legal remedy rather than relying only on another explanatory letter.
How should a factual response be prepared?
Address the specific allegations and clearly separate factual findings from assessments. Use straightforward language, explain the checks performed and identify justified corrective measures. A general assurance that staff always act properly does not explain an individual event.
- Identify the communication and event being addressed.
- Describe the established sequence to the extent necessary to answer the allegations.
- Respond separately to each request, including access to records.
- Explain the provider’s position and its basis without attacking the patient.
- State completed or planned measures and the appropriate channel for further contact.
Do not suggest that exercising legal rights will impair the patient’s access to care. If an organisational error is established, it can be described factually together with improvements. Liability for compensation needs a separate assessment, however. Not every inconvenience proves damage or medical negligence.
Insurers, monetary claims and confidentiality
If a patient complaint includes a payment demand or signals a dispute, examine the policy and notification duties. Insurance terms may regulate information sharing and agreement to a settlement. However, compliance with patient rights must not depend on completion of the insurer’s assessment. Record the deadlines and obligations owed to each recipient separately.
Public online reviews require particular restraint. A patient’s public statement does not automatically authorise the provider to disclose treatment history or confirm details of care. A public response can invite confidential contact without transferring medical records into a comment thread.
A broader organisational review should connect complaint handling with staff responsibilities and working arrangements. Separate risks are discussed in our article on a B2B contract with a doctor and assessment by ZUS, Poland’s social insurance institution. The staff member’s contract type does not, by itself, resolve the merits of a patient complaint.
Hypothetical example: a complaint and records request in one letter
A patient challenges a delayed consultation, asks for copies of records and seeks reimbursement. The provider acknowledges receipt and separates the three issues. An authorised person arranges record access. A manager establishes the service chronology, while the person handling claims checks the financial demand and insurance terms.
If the review reveals an incorrect date in the records, the correction must leave an appropriate trace. The entry must not be altered to fit the response. The final letter should separately explain the delay, record disclosure and the provider’s position on payment.
Frequently asked questions from healthcare managers
Does a patient complaint require admission of the claim?
No. It requires a proper investigation and compliance with the applicable duties. Acknowledging receipt or providing records is not itself acceptance of every allegation. Further statements must nevertheless be drafted with their meaning and effects in mind.
Can records be withheld pending legal advice?
Legal consultation does not create a new ground for refusal. The provider remains obliged to give an entitled person access without undue delay. Doubts about authority should be resolved promptly and proportionately.
Must all staff explanations be sent to the patient?
Not automatically. Establish the nature of the material, the request’s legal basis and the scope of access rights. An internal analysis is not always a medical record. Equally, labelling material internal cannot be used to evade a right that actually applies.
Sources and preparation of a procedure
The primary sources are the Patient Rights Act and medical-records regulation identified above. The regulation’s 2024 consolidated text must be read with subsequent amendments: Journal of Laws 2025, item 931, item 1853, 2026, item 758 and item 876. Publication of a consolidated text does not mean the entire legal framework remains unchanged from that date. These official statutory sources are in Polish.
As part of legal support for healthcare providers, the Law Firm helps prepare complaint procedures, analyse communications and structure responses. Contact us through the form with the type of provider, current stage and nearest deadline. Do not include patient details or medical records in the initial description. We can separately agree a secure way to provide the material.
