Areas of practice
HEALTH PROTECTION
Activity in the health care system is not free from legal risks. Changing conditions create uncertainty about the regularity of the health care sector and increase the need for cooperation with specialists in many areas of law. Responding to these changes and needs, our lawyers provide effective, efficient, and innovative support for medical entities, including those who create them. We use our many years of experience gained during our advisory activity in the field of legal rules of management of medical entities, contracting services with the National Health Fund, responsibility for mistakes in the art of medicine, protection of patient’s rights, principles of practising the profession of doctor and dentist, standards of keeping medical records, transactions in medicinal products and medical devices, procedures within the framework of clinical trials. Individualising the intellectual capital of our lawyers to meet the requirements of our Clients and creating interdisciplinary teams, we support the healthcare sector in all legal aspects by optimising the achievement of our Clients’ goals.
We offer:
- Advice on the functioning and financing of therapeutic activity We support the correctness of management processes in therapeutic entities, and audit, and/or create strategies for transformation of entities in the health care sector. We develop positions and/or explanations in response to post-control conclusions of audit, control, and supervision units of medical activity, including the formulation of responses to post-control allegations of the National Health Fund.
- Constructing and verifying contractual models We conduct legal analyses of draft agreements functioning at the Client’s premises and create new model documentation for the benefit of the Client, including among others the purchase of medical devices and/or medicinal products, medical waste disposal, and the use of medical technologies. We verify the correctness of the terms and conditions of contracts with medical personnel concerning cooperation in the implementation of medical activities. We advise on pre-litigation disputes concerning the execution of contracts, prepare written positions, and participate in negotiations.
- Consultations within the framework of public procurement procedures We answer questions and doubts related to the procedure, the scope of activities undertaken by the contracting authority and/or contractor, with the provisions of the ToR. We verify the formal and legal tender documentation starting from the draft documents necessary to conduct the procedure. We participate in disputes before the National Appeal Chamber as a representative of the contracting authority and/or contractor.
- Advice in employee matters We carry out legal support for the medical entity as an employer through consultation, creation, and verification of employee documentation, giving opinions on the legitimacy of employee claims, development of regulations: work, remuneration, company social fund, and other internal documents. We represent the Client in employee disputes and take part in the development of amicable conditions for the end of a conflict situation.
- Disputes concerning medical malpractice We supervise the execution of the Client’s rights and obligations in matters relating to claims for payment of compensation and/or compensation for medical malpractice. We prepare legal analyses of the dispute and actively participate in the development of conflict resolution strategies. We represent the Client in the entire course of proceedings, both before courts and before committees for adjudication on medical events.
- Sponsorship of therapeutic activity We verify the legal possibilities of cooperation of a therapeutic entity within the framework of trainings, lectures, seminars, symposiums, including the conditions of financing a given initiative. We legally analyse the correctness of the documentation prepared by an external partner of the project and/or create model documents establishing mutual rights and obligations of the parties.
- Clinical trials We examine the correctness of draft contractual provisions or create a model agreement enabling the conduct of a clinical trial within the framework of cooperation between a sponsor and a researcher with the participation of a centre/institution – a therapeutic entity. We legally verify the designed and used trial documentation against the guidelines of Good Clinical Practice (IGCP) – Good Clinical Practice (GCP), including the consent document of the subject to the trial and the conditions of confidentiality of data including personal data of trial participants.
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