Problems of Forensic Sciences 2011 Vol. 85 (LXXXV) 75-85
UNTRUTHFUL MEDICAL CERTIFICATION AS A SUBJECT OF INTEREST OF THE PUBLIC PROSECUTOR’S OFFICE. EXPERT WITNESSING ISSUES
Elżbieta SKUPIEŃ1, Filip BOLECHAŁA2
1Institute of Forensic Research, Kraków, Poland
2Department of Forensic Medicine, Collegium Medicum of Jagiellonian University, Kraków, Poland
Streszczenie
Expert reports on the correctness or incorrectness of medical practice are a part of the everyday work of experts from departments of forensic medicine in Poland. They encompass assessment of due diligence in claims proceedings and all categories of medical errors, as well as exposure to direct danger of death or serious injury in accordance with Article 160 of the Penal Code. A relatively new challenge facing experts is assessing whether a medical doctor certified untruthfully in medical documentation or in an issued certificate. The paper will discuss examples from the authors’ expert witnessing practice concerning certificates of economic significance (e.g. ZUS ZLA » Statement of Fitness for Work, UK) or legal importance (medical certificates of health for judicial purposes). Observations concerning the actions of court-appointed physicians are also presented. Then, on the basis of the Penal Code definition of untruthful certification an attempt will be made to analyse to what extent Penal Code criteria correspond with other regulations concerning the practice of medicine (Medical Profession Act, Law on Protection of Mental Health, Code of Medical Ethics) and to what extent they conflict.
Słowa kluczowe
Medical certificate; Untruthful certification; Court-appointed physician.