A medical doctor as a legal expert during the COVID-19 pandemic

Abstract

Background: In Poland, the total number of SARS-CoV-2 infections since March 4, 2020 is 2,880,596, with 2,652,372 recoveries and 75,135 deaths. It may be assumed that such an unexpected event, apart from the health-related and economic consequences, will in the near future result in a wave of demands from those who have suffered as a result of COVID-19. Aim of the study: The aim of this study is to assess the current legal status in the context of opinions issued by medical doctors with regard to COVID-19, with a particular emphasis on responsibility towards the employee and the employer. Material and methods: A review was conducted using the database of legal acts (SIP LEX; accessed on 01.06.2021) based on the following words: labor code, civil procedures code, decisions of the Supreme Court, claims, employee health, health protection, COVID-19, and labor law. Results and conclusions: By searching the SIP LEX database and comparing the results with the legal standards of international law, the role and importance of the doctor as an expert on COVID-19 was established. The presented findings are based on judgments of the Supreme Court, the regulations of the Minister of Justice, announcements of the Marshal of the Sejm of the Republic of Poland, and the provisions of the Act on the Profession. It is certain that doctors will face another important task connected with COVID-19. It must be assumed that, in the near future, they will be forced to issue opinions on numerous and complicated cases regarding employer responsibility for damages incurred by employees due to COVID-19. Medical experts will use knowledge and experience acquired during the struggle with the disease to evaluate whether it was highly probable that an employee illness was the result of an infection with the pathogen in the workplace, and then, furthermore, to specify the after-effects of this illness.