Compulsory professional indemnity insurance for doctors is not merely a registration formality. In medical practice, it is a fundamental safeguard, whether a doctor operates an individual practice or works within a larger organisational structure. The insurance duty arises under Poland’s Medical Activity Act, while a regulation of the Minister of Finance defines the detailed scope of cover.
In practice, the key questions are:
- when does a doctor’s liability insurance actually respond,
- what loss does it cover,
- what does it exclude,
- and is compulsory cover alone sufficient if you operate a practice or manage a healthcare provider?
These questions determine the real level of legal protection.
Doctors’ liability insurance – where does the duty come from?
Taking out liability insurance is not merely market practice; it is expressly required by law. Poland’s Medical Activity Act provides that liability insurance covers loss resulting from the provision of healthcare or an unlawful failure to provide it. The duty applies both to healthcare providers and to doctors carrying on medical activity as a professional practice. NFZ information about the duties of a doctor operating an individual medical practice confirms this.
For a doctor, this means one thing: if you practise through your own professional practice, doctors’ liability insurance is not an optional extra but a condition of lawful practice and an important safeguard.
What does compulsory liability insurance for doctors cover?
The scope of compulsory cover is defined by the regulation of the Minister of Finance on compulsory liability insurance for doctors and dentists. It covers loss caused by the insured’s acts during the period of cover when providing healthcare, or by an unlawful failure to provide it. In other words, it addresses civil liability arising from professional practice, not every possible event in a doctor’s life.
This distinction is important. Compulsory insurance does not respond simply because a patient is dissatisfied. It responds where there is loss connected with healthcare or an unlawful failure to provide it.
Doctors’ liability insurance – which situations does it cover in practice?
In practice, insured claims most often concern:
- diagnostic errors;
- treatment errors;
- technical errors;
- loss caused by delaying or failing to provide care;
- the consequences of events for which the doctor bears civil liability to the patient.
The first question is whether a basis for civil liability exists, including at least loss and a connection between the event and that loss. Only then does the question arise whether the insurer will pay.
What are the minimum sums insured?
This is one of the most important elements and is often overlooked.
Under the regulation, the minimum sum insured for compulsory doctors’ and dentists’ liability cover depends on the type of activity:
- €75 000 for one event and €350 000 for all events in aggregate, for specified categories of practice;
- €50 000 for one event, for certain dental practices;
- €30 000 for one event, for other categories covered by the regulation.
When arranging or reviewing protection, do not assume that ‘any liability policy’ will suffice. Check whether the sum insured reflects the actual model of professional practice and level of risk. This is often the first problem: a policy formally exists, but its level does not reflect the realities of the activity.
Does compulsory liability insurance cover everything?
No.
This is one of the most important conclusions for a doctor who operates a practice or healthcare provider. Compulsory cover has a scope prescribed by law. It therefore does not automatically cover every risk arising from medical activity, the organisation of a facility, document workflows or additional health-related services. It protects against loss covered by the regulation, not the full commercial risk of a medical business.
For the owner of a medical facility, this means that compulsory doctors’ liability insurance or the provider’s compulsory liability cover is usually only the starting point. Depending on the operating model, additional extensions or separate policies may be needed.
Does a doctor’s liability policy cover a failure to provide care?
Yes, but not every failure.
The Medical Activity Act and NFZ information make clear that compulsory insurance is to cover loss resulting from healthcare or from an unlawful failure to provide healthcare. Liability need not arise only from an ‘active’ step by the doctor; an unlawful omission may also give rise to a claim.
The risk assessment should therefore not end with the question whether a procedure was performed correctly. It should also consider:
- whether care was provided at the appropriate time;
- whether there were grounds for refusing it;
- whether the records demonstrate a proper decision-making process.
This is highly significant when defending the doctor and the facility.
Compulsory doctors’ liability cover and a healthcare provider’s liability cover are not the same
This distinction is crucial.
A doctor carrying on medical activity as an individual practice must take out their own liability insurance. An entity performing medical activity has a separate insurance duty.
In practice, this means that:
- a doctor may have their own liability policy;
- the facility may have its own liability policy;
- and liability and the source of payment will not always correspond exactly to the person who actually provided the care.
For the owner of a healthcare provider, this is an important warning: knowing that ‘every doctor has their own insurance’ is not enough to protect the facility. The structure of working arrangements, allocation of responsibility and consistency of cover across the whole operating model must also be assessed.
Is a doctor liable out of their own assets?
This depends on the model of professional practice and the circumstances of the case.
In many cases, a claim is first brought against the healthcare provider or met under liability insurance. That does not exclude personal liability for the doctor. The risk increases particularly where the doctor works under a contract, outside the facility’s organisational structure, has unsuitable cover or carries on activities beyond the actual policy scope.
The key question is therefore not merely whether liability insurance was taken out, but:
- what care the doctor actually provides;
- the legal form in which they operate;
- whether the sum insured and policy scope match the working model.
Common problems
The most common problem is not the complete absence of a policy. It is that:
- the cover does not match the actual scope of activity;
- forms, procedures and records do not support an effective defence;
- the doctor or facility assumes that ‘the insurer will sort everything out’.
In reality, a policy is no substitute for proper working arrangements. If the records are inconsistent, the procedures do not operate and the decision-making process was not recorded, the existence of insurance alone does not solve the problem.
What should be checked before taking out or renewing a policy?
A doctor or facility manager should check:
- the form in which the activity is carried on;
- whether the insurance duty applies to the doctor, the provider or both levels in parallel;
- the minimum sum insured applicable to the working model;
- whether the actual activity falls within the scope of cover;
- how records and procedures operate when a claim is notified.
Most practical risks arise at the intersection of medical law, facility organisation and insurance.
Frequently asked questions (FAQ)
Is liability insurance compulsory for doctors?
Yes. If a doctor carries on medical activity as a professional practice, the law requires a liability-insurance contract. A separate duty also applies to entities performing medical activity.
What does compulsory liability insurance for doctors cover?
As a rule, loss resulting from the provision of healthcare or an unlawful failure to provide it, provided that the event falls within the scope prescribed by the regulation.
Is compulsory doctors’ liability insurance enough if I operate a facility?
Not always. A doctor’s compulsory cover and a healthcare provider’s cover are two different layers of protection. Anyone operating a facility must look beyond an individual doctor’s policy.
Will the policy cover every patient complaint or claim?
No. It is first necessary to determine whether the claim falls within civil liability at all and within the cover arising from the legislation and the particular policy.
Professional liability insurance for doctors is a foundation of safe professional practice, but possessing it does not mean that every risk is fully protected. A doctor operating a practice or healthcare provider must consider whether the policy reflects the actual working model, whether the sum insured is adequate and whether the facility’s entire organisation supports a later defence against a claim.
If you operate a practice or healthcare provider and want to check whether your insurance, procedures and records genuinely reduce the risk of claims, it is worth reviewing them before the first dispute arises.
Legal Check-Up – continuing legal support for healthcare providers
Legal basis and sources
- Medical Activity Act – consolidated text, Dz.U. 2026 item 156.
- Act on the Professions of Doctor and Dentist – consolidated text, Dz.U. 2026 item 37
- Act on Compulsory Insurance, UFG and PBUK – current consolidated text.
- Regulation of the Minister of Finance of 26 April 2010 on compulsory liability insurance for doctors and dentists practising in the territory of the Republic of Poland – consolidated text published in Dz.U. 2025 item 272.
- Regulation of the Minister of Finance of 29 April 2019 on compulsory liability insurance for entities performing medical activity.
- NFZ materials on the duties of doctors carrying on medical activity and the duties of healthcare providers.
