Our client, the largest hospital in the Wielkopolska region in Poland, provides oncology treatment using the pioneering PIPAC method. This is an innovative, minimally invasive procedure in which chemotherapy is administered as a pressurized aerosol directly into the peritoneal cavity.
This method is not widely used in Poland. Two Polish scientific societies concluded that it has not yet been fully validated and submitted a notification to the Polish Patient Ombudsman, alleging a potential violation of collective patient rights. They argued that PIPAC should be classified as a medical experiment and requires further research and observation.
The Patient Ombudsman discontinued the proceedings, upholding the hospital’s position.
The Ombudsman emphasized that a physician’s fundamental obligation is to act in accordance with current medical knowledge. Although randomized clinical trials for PIPAC are lacking, international consensus statements issued by recognized European scientific societies recommend its use in specific, well-defined cases and subject to clearly defined eligibility criteria.
Consequently, physicians applying this method at the hospital – despite its innovative nature – have fulfilled the requirement of acting in line with current medical knowledge.
This decision is groundbreaking. In light of the rapid pace of scientific and technological advancement, physicians must follow the latest global research and recommendations. The mere fact that a method is not included in the National Health Fund (NFZ) benefits basket or that randomized studies are lacking cannot, in itself, preclude the use of particular therapies. Decisive factors include scientific publications, international clinical practice guidelines, consensus statements of international scientific societies, and solutions adopted by hospitals worldwide.
In the course of the proceedings, the hospital was represented by Hanna Rubaszewska.
