Obtaining medical records from Poland is often one of the first practical steps in cross-border litigation involving Polish claimants, witnesses or healthcare providers.

When UK law firms require medical records from Poland, one of the assumptions often made is that the process is straightforward: obtain the client’s signed authority, send it to the healthcare provider, and wait for the records.

In many cases, that is exactly what happens.

Occasionally, however, a request is delayed because a healthcare provider adopts an interpretation of the legal requirements which differs from the approach set out in the guidance issued under Polish patient rights legislation.

For law firms managing cross-border litigation, this can create unnecessary delay, particularly where updated medical records need to be obtained on a repeated basis throughout the life of a case.

Key takeaway
An initial refusal to accept a scanned authority does not necessarily mean that an original document is legally required under Polish law. It is often necessary to consider the correct statutory framework before accepting that position.

The Provider’s Position

In one matter, I submitted a request for medical records together with a scanned authority signed by my client.

The healthcare provider refused to process the request and stated that it would only release the records if it received either:

  • the original authority bearing the client’s handwritten signature;

  • a notarised copy of that authority; or

  • an electronic document signed using a qualified electronic signature (in practice, a Polish qualified electronic signature rather than a standard commercial e-signature platform).

The provider relied on Article 33(2a) of the Polish Code of Administrative Procedure (Kodeks postępowania administracyjnego), arguing that it could not verify the authenticity of a handwritten signature contained in a scanned document.

To a solicitor unfamiliar with the Polish legal framework, that explanation may appear entirely persuasive. However, after reviewing the relevant legislation, I considered that the provision relied upon was not applicable to a patient’s request for access to medical records.

Why I Disagreed

My concern was that the provider was applying procedural rules governing administrative proceedings to a request made under the statutory framework regulating patients’ rights.

The right of access to medical records is governed by the Act on Patient Rights and the Patient Rights Ombudsman (ustawa o prawach pacjenta i Rzeczniku Praw Pacjenta).

That legislation grants patients the right to access their medical documentation and to authorise another person to obtain it on their behalf.

In addition, guidance issued by the Patient Rights Ombudsman confirms that requests for medical records do not need to be made in writing. They may also be submitted electronically, and in certain circumstances even verbally. The emphasis of the statutory framework is on ensuring access to medical documentation rather than creating unnecessary procedural barriers.

In my view, requiring every request supported by a scanned authority to be followed by an original document was difficult to reconcile with that approach.

Escalating the Issue

On this occasion, in order to avoid further delay to my client’s matter, I provided the healthcare provider with the original signed authority.

At the same time, I referred the issue to the Patient Rights Ombudsman and explained why I considered the provider’s interpretation to be incorrect.

The Ombudsman contacted the healthcare provider and clarified the applicable legal position.

Following that intervention, the provider changed its approach.

Subsequent requests supported by scanned authorities were processed without difficulty, and updated medical records were released electronically without any requirement to submit original documents by post.

The practical impact for my client was significant. As further records needed to be obtained during the course of ongoing litigation, removing the requirement for repeated postal submission of original authorities avoided unnecessary delay, additional cost, and administrative burden.

What This Means in Practice

This experience highlights an important practical point:

Healthcare providers in Poland do not always apply procedural requirements in a uniform manner.

An initial refusal does not necessarily indicate that a particular form of authority is legally required. In some cases, it reflects internal administrative practice or an overly cautious interpretation of the applicable legislation.

Where this occurs, it is often appropriate to:

  • request clarification of the legal basis for the requirement;

  • consider whether the provision relied upon applies to requests for medical records under patient rights legislation;

  • review guidance issued by the Patient Rights Ombudsman; and

  • consider escalation to the Ombudsman where appropriate before accepting that additional formal requirements are necessary.

In practice, these steps can often prevent unnecessary delay and ensure that statutory rights of access are properly respected.

Why Local Experience Matters

Obtaining medical records from Poland is rarely a purely administrative exercise.

It requires an understanding of how individual institutions operate in practice, familiarity with the legal framework governing access to medical documentation, and the ability to resolve procedural issues when they arise.

As a UK-qualified solicitor and certified Polish-English translator based in Poland, I regularly assist UK and US law firms with obtaining medical records, liaising directly with healthcare providers, coordinating certified translations, and resolving procedural issues that can delay cross-border litigation.

My role is not simply to obtain documentation, but to ensure the process is handled efficiently and proportionately, while keeping instructing solicitors informed at every stage.

Agnieszka (“Aggie”) Januszkiewicz
Solicitor (England & Wales) | Certified Polish-English Translator
Founder, LSSP

References

  1. Ustawa z dnia 6 listopada 2008 r. o prawach pacjenta i Rzeczniku Praw Pacjenta (Dz.U. 2024 poz. 581).

  2. Ustawa z dnia 14 czerwca 1960 r. – Kodeks postępowania administracyjnego art 33(2a).

  3. Patient Rights Ombudsman, ‘Sprawdź, w jaki sposób można pozyskać dokumentację medyczną’ (accessed 2 July 2026) https://www.gov.pl/web/rpp/sprawdz-w-jaki-sposob-mozna-pozyskac-dokumentacje-medyczna.