Assigning a medical liability for tort (mistake in the medical art) may be difficult in practice. The victim should prove that the damage resulted from the culpable behavior of the person who acted on behalf of and for the benefit of the medical facility. However, taking into account that the treatment process is a complex phenomenon in which plenty of people participate, it is often impossible to determine whose behavior led to the damage being done. This article aims to consider the possibility of admission in the so-called „medical processes” the concept of anonymous fault or organizational fault in order to implement legal protection, which in the current construction of liability for tort will often fail. In the indicated types of cases it is often difficult to assign responsibility due to the factual difficulties in determining harmful conduct and a person who acting on behalf of medical facility has been admitted. The aforementioned constructions of fault would make it possible to assign this responsibility assuming a liberal approach to the premises of responsibility defined by the legislator.