We provide legal services to hospitals, outpatient clinics, private medical practices and healthcare management teams. We understand the realities of an environment in which legal decisions must be made alongside clinical and budgetary decisions.
Healthcare providers operate under several legal frameworks simultaneously: as providers of medical services reimbursed by the National Health Fund, as contracting authorities under the Polish Public Procurement Law, as controllers of particularly sensitive personal data, and as employers. We provide advice that ensures these obligations work together rather than conflict with one another.
Organization and Operation of Healthcare Providers
We advise on establishing and restructuring healthcare providers, registration procedures, changes to the organizational and legal structure of independent public healthcare institutions, and the drafting and amendment of statutes and organizational regulations. We review agreements for the provision of healthcare services concluded with medical personnel, subcontracting agreements, premises lease agreements and cooperation agreements with laboratories. We support founding authorities and social councils in matters concerning the supervision of healthcare providers.
Relations with the National Health Fund
Contracts with the National Health Fund determine a healthcare facility's revenue, while disputes with the payer often involve amounts that can determine its annual financial performance. We advise on competitive procedures for awarding healthcare service contracts, the conclusion and amendment of agreements, settlements for services provided beyond contractual limits and life-saving treatments, as well as contractual penalties imposed following inspections by the Fund. We prepare objections to inspection reports, appeals and submissions in dispute proceedings, and represent healthcare providers in court proceedings concerning payment claims.
Patients' Rights, Medical Records and Medical Incidents
We prepare and audit documentation relating to patients' rights: informed consent forms, rules for accessing medical records, procedures concerning patients' relatives and minors, and the handling of objections and complaints. We advise on electronic medical records and reporting obligations. We support healthcare providers in establishing systems for reporting and analysing adverse events, as well as in cases handled under out-of-court compensation procedures for harm suffered by patients — covering both procedural and evidentiary aspects.
Liability for Damages and Professional Responsibility
We represent healthcare providers and physicians in claims for compensation and damages arising from alleged medical malpractice, working with insurers and expert witnesses. We handle cases before professional liability officers and medical courts, and advise medical personnel in criminal proceedings related to the practice of their profession. We also develop internal procedures designed to reduce the risk of disputes: rules for documenting treatment, communicating with patients' families and responding to adverse events.
Medical Data, Telemedicine and New Technologies
Health data belongs to a category of particularly protected personal information, and healthcare facilities process it across hundreds of activities simultaneously. We implement data protection documentation tailored to the healthcare sector, review data processing agreements with IT system providers and advise on security incidents. We support telemedicine implementations, artificial intelligence solutions used in diagnostics, research projects and clinical trials — including assessments of whether a particular tool qualifies as a medical device and what regulatory obligations follow from that classification.
Public Procurement and Healthcare Financing
Hospitals are among the most active contracting authorities in Poland. We combine our healthcare law expertise with public procurement practice: we prepare procurement procedures for pharmaceuticals, medical devices, equipment, maintenance services and IT services, advise on drafting descriptions of the subject matter of contracts that comply with the principle of fair competition, and represent healthcare facilities before the National Appeals Chamber. We also advise on debt restructuring for healthcare providers and investments financed from public funds.
Healthcare Law – Legal Services for Hospitals, Clinics and Doctors - Styczynski-Keller