Jaworzno. The court discontinued the proceedings against a doctor with six thousand allegations of fraud

The District Court in Jaworzno discontinued the proceedings in the case of a 74-year-old doctor accused of entering the medical documentation of the tests that were not actually carried out. Thus, it was to cause damage to over half a million zlotys in the company, which she had to return to the National Health Fund. The court, however, stated that although there could have been a crime, the prosecutor's office did not provide irrefutable evidence.

On Wednesday, March 12, the District Court in Jaworzno discontinued the proceedings against a 74 -year -old doctor who heard over six thousand allegations of fraud – one for each medical visit, during which irregularities were to occur.

According to investigative findings, the woman was to enter the patients of the gynecology and obstetrics clinic to the medical records of false codes of the tests. Because of this – according to the prosecutor's office – she received remuneration for, for example, ultrasound examinations, which in fact did not take place.

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In this way, the woman was to cause damage to nearly PLN 527 thousand. This is the amount that NFZ He was about to pay the clinics unduly. When the case came to light after the control of the clinic representatives, the company returned the money to the National Health Fund.

Not enough evidence

As we read in the justification for the redemption of the proceedings sent to us by Judge Beata Italianpresident of the District Court in Jaworzno, the evidence “appears as modest” and is not sufficient to confirm the 74-year-old charges. What's more, it turned out that out of nearly 50 patients interrogated in this case, 10 testified that the accused had conducted an ultrasound examination. “Thus, the narrative (…) about the failure of the accused's procedures of higher reference is not reliable and requires thorough check” – the court justified his decision.

The court also argued that no damage in the company had occurred, without considering the need to reimburse the undue amount for the damage. “The accused did not act for the purpose of achieving the indicated company with which she concluded a contract, undue benefit in the form of payment of an overstated contract remuneration from the National Health Fund, and in order to obtain higher amounts of remuneration for herself from this company (…). However, such an allegation was not made, and the factual findings were not made in this respect,” said the District Court in Jaworzno. In the justification we read that this is a financial benefit of a different kind than the one described by the prosecutor.

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A court about the “financial benefit of a doctor”

At the same time, the court stated that there is a possibility – after conducting “exhausting preparatory proceedings” – charged with the doctor, including Payments of undue funds, i.e. actions to achieve financial benefits.

“The evidence already gathered at this stage gave a reasonable basis for the probability that the accused had committed crimes to the detriment of the company described due to the mandate contract concluded with her, from which she obtained an overstated remuneration. These circumstances must, however, be comprehensively checked” – said the court. In the justification of the order, we also read that the amount indicated in the amount of over half a million zlotys is an estimated amount. In addition, the doctor herself was to get nearly PLN 292,000 of undue remuneration.

The crime of fraud for which a 74-year-old doctor from Jaworzno was accused is punishable by six months to eight years in prison.