The author discusses and criticizes the modification of Article 37a of the Penal Code, which increases the repressiveness beyond measure. This change, combined with the one made in 2015, means that a court assessing a case of medical error will be forced to serve a prison sentence without suspending its execution. The author is of the opinion that the legislator should focus on the amendment of those provisions of the medical law that are unclear or dysfunctional, since the current state of affairs makes it significantly difficult for a doctor to obtain an undoubted answer to his essential questions.  This need is presented by the author on the example of a complicated process of interpretation necessary to determine whether a doctor can take action against the position of the statutory representative of a minor or incapacitated.