Legal services for doctors and medical entities in Poland
Legal services for medical entities in Poland require an understanding of commercial, healthcare, administrative and employment law. A decision concerning staff, records or the delivery of healthcare services may affect National Health Fund settlements, patient rights, the entity’s liability and the professional position of a doctor at the same time.
Tomasz Piotr Chudzinski & Partners Law Firm provides ongoing support to several medical entities and outpatient clinics. We also advise doctors and dentists, including professionals qualified outside Poland. Our work combines day-to-day advice for healthcare organisations with proceedings before the Minister of Health, regional medical councils, professional liability officers, medical courts and administrative courts.
In practice, the scope is adapted to the organisation and the matter. We can provide ongoing advice, conduct a defined project or take over urgent proceedings.
Who can use our legal services for medical entities in Poland?
- outpatient clinics and medical centres;
- companies conducting healthcare activity;
- individual and group medical or dental practices;
- entities starting or reorganising healthcare activity;
- management boards, medical directors and compliance officers;
- doctors and dentists in professional, administrative and disciplinary matters;
- investors assessing the acquisition, development or reorganisation of a healthcare business.
However, ongoing support does not have to cover every field of law. At the outset, we agree which matters the Firm will handle, who may issue instructions, how documents will be transferred and when another specialist should be involved.
Scope of legal support for healthcare providers
Establishing a medical entity and registration in RPWDL
We assist with selecting the legal form, preparing corporate documents and completing registration in the Register of Entities Performing Healthcare Activity (RPWDL). We check whether the planned services, locations and organisational structure correspond to the data disclosed in the register.
In addition, we assist with amendments, additional organisational units, address changes, new services and changes to company data. Registration alone does not replace a review of premises, staffing, records, insurance and the way services will be delivered.
Organisational regulations and internal procedures
We prepare and update organisational regulations, rules for handling records, authorisations and patient-service procedures. The documents should match the actual work of the facility. A policy that staff do not know or cannot follow will not effectively reduce risk.
Depending on the need, we also organise procedures for patient complaints, disclosure of medical records, incident reporting, communication with relatives, treatment of minors and actions required after cooperation with a doctor ends.
Contracts with doctors, staff and counterparties
We draft and negotiate employment contracts, civil-law agreements and B2B contracts with doctors, dentists, nurses and other healthcare professionals. We address duties, on-call arrangements, fees, substitutions, liability, confidentiality, use of infrastructure and termination.
Moreover, we prepare agreements with laboratories, suppliers, subcontractors, landlords and technology partners. In personnel relationships, we assess whether the contractual description corresponds to the actual working model and which risks arise from it.
Medical records, patient rights and data protection
We advise on creating, storing and disclosing medical records. We help determine who is entitled to receive them, how the applicant should be identified, which forms of disclosure are permitted and what must happen when the entity closes or changes its IT system.
At the same time, we analyse patient requests, demands from authorities, professional secrecy and situations in which medical documentation and data protection must be considered together. Where appropriate, we coordinate with the specialist responsible for information security or data protection.
National Health Fund contracts, settlements and services above limits
We assist with National Health Fund contract terms, correspondence, settlements, questioned services and contractual penalties. We also conduct negotiations and payment proceedings, including claims requiring analysis of settlement records and services delivered above the contractual limit.
For example, the matter may concern a tender procedure, an annex, changes in staff or place of service, and inconsistencies between actual operations and data provided to the payer.
Inspections by the National Health Fund and other authorities
We prepare healthcare organisations for inspections and represent them during actions by the National Health Fund, the Patient Rights Ombudsman, a provincial governor, the sanitary inspectorate, a professional body or another competent authority. We establish the scope, responsible persons, deadlines and the secure method of providing records.
Next, we review inspection reports, recommendations and the legal basis of possible sanctions. We prepare objections, submissions and appeals. If corrective measures are justified, we help implement them in a controlled manner.
Patient complaints, medical incidents and disputes
A response to a patient complaint should take account of the records, communication, the organisation’s liability and the position of the professionals involved. We help secure the material, prepare a response, communicate with the insurer and decide whether an internal investigation is required.
Where necessary, we represent medical entities and professionals in civil, administrative and related proceedings. We do not predict the result before reviewing the records and the parties’ positions.
Websites, patient information and telemedicine
We review terms, forms, patient notices and the presentation of medical services. We assess whether the information, booking process and service pathway correspond to the facility’s actual model.
In addition, in telemedicine projects, we consider the roles of the entity and its personnel, patient verification, documentation, issuing medical documents and the use of a platform. If a project includes IT systems or data processing, we coordinate the legal work with the people responsible for security.
Professional matters of doctors and dentists
Licence to practise and proceedings before the Minister of Health and medical councils
We conduct proceedings concerning the right to practise medicine before the Polish Minister of Health and competent regional medical councils. This includes routes for people qualified outside the European Union, licences limited by scope, time and place, conditional licences and related appeal proceedings.
First, we review requests for additional documents, resolutions and decisions. We prepare applications, submissions, administrative appeals and complaints to administrative courts. Each route has separate statutory requirements, so the matter is classified on the basis of current law, the documents and the history of the proceeding.
We also assess so-called technical PWZ matters, evidence of Polish language proficiency, including B1 documents, and the expiry of an existing licence. We review ministerial decisions, ORL and NRL resolutions, register entries and qualification documents. Where the applicable procedure permits, we prepare an appeal to NRL or a complaint to an administrative court. We do not assume that every former simplified route remains open to new applications.
Since 2020, the Firm has assisted more than 600 doctors with matters concerning professional practice in Poland. This experience covers several routes for obtaining or extending authorisation and the related review procedures.
Professional liability and disciplinary proceedings
We represent doctors before professional liability officers and medical courts. Assistance may begin with analysis of a notice or summons, preparation for questioning and preservation of the relevant documentation. It can continue through written submissions, evidential applications, hearings and appeals.
Importantly, disciplinary proceedings may run alongside civil, criminal or administrative cases. We coordinate the strategy so that an action taken in one proceeding does not unnecessarily weaken the position in another.
How cooperation begins
1. Initial qualification
Please identify the entity, the type of matter, the intended result and the nearest deadline. A healthcare provider should also state its legal form and type of activity. A doctor should identify the authority, procedural stage and date on which the latest document was received.
2. Documents and conflict check
Following initial qualification, we identify the documents required for review and carry out a conflict check. Please do not send complete patient records or patient data before this has been agreed and confirmed as necessary.
3. Action plan and fees
Finally, we agree priorities, contact persons, scope and fees. Ongoing support may use a retainer, a package or an agreed time-based arrangement. Proceedings and substantial projects may be priced separately.
The plan identifies deadlines, main risks, possible interim protection and the effect on the doctor’s work or the healthcare provider. We agree major decisions with the client and report on material developments. If the matter proceeds before WSA or NSA, we apply the relevant administrative court procedure.
When should you contact the Firm?
- a healthcare activity is being established or reorganised;
- an RPWDL entry or amendment is required;
- the organisation needs to improve staff contracts or procedures;
- an inspection notice, report or recommendation has been received;
- the National Health Fund disputes services or settlements, or imposes a penalty;
- a patient, authority or insurer has raised a claim;
- a doctor has received a medical council resolution, ministerial decision or summons from a professional liability officer;
- a conditional licence is approaching expiry or a B1 document is questioned;
- the deadline for an appeal, complaint or response is approaching.
Frequently asked questions
Do you assist doctors from Ukraine and Belarus?
Yes. We handle access to the profession, PWZ, language documents, appeals and professional liability. We consider how a ministerial decision, medical council resolution, register entry and contract with a healthcare provider affect one another.
Do you provide ongoing support to smaller clinics?
Yes. The model is based on the number and type of matters, not only the size of the organisation. Ongoing support or assistance with selected projects and proceedings is available.
Can you help establish a medical entity and obtain an RPWDL entry?
Yes. We assist with the structure, documents and application. We also identify matters requiring separate verification, including premises, personnel, insurance, records and data protection.
Do you represent medical entities during National Health Fund inspections?
Yes. The work may include preparation, participation in the inspection, review of the findings, objections and further legal remedies. The available defence depends on the legal basis and the documents served.
Do you conduct right-to-practise cases?
Yes. We represent doctors before the Minister of Health, regional medical councils and administrative courts. We first verify the applicable procedure, legal basis, deadlines and documents.
May patient medical records be sent with the first enquiry?
No. Please first describe the type of matter without patient data. After the conflict check and a review of the legal basis, we will indicate which materials are necessary and how they should be transferred securely.
Do you need support for a healthcare provider or a doctor’s professional matter?
Use the contact form to describe the entity, the issue, current stage and nearest deadline. After qualification, we will identify the required information and propose the scope of further work.
Related cases may involve administrative law and proceedings before WSA and NSA. Selected analyses for international healthcare professionals are available in our English-language blog.
