MALPRAXIS ŞI RĂSPUNDERE MEDICALĂ A FURNIZORILOR DE SERVICII MEDICALE. ORIENTĂRI EUROPENE PRIVIND METODELE DE CONSTATARE ŞI CRITERIILE DE EVALUARE
MALPRACTICE AND MEDICAL LIABILITY OF MEDICAL SERVICE PROVIDERS. EUROPEAN GUIDELINES AND JURISPRUDENCE UPON ASCERTAINMENT METHODS AND EVALUATION CRITERIA

Summary/Abstract: The state has the obligation to respect the right to life of its citizens, a right that also implies the right to provide quality medical care. In compliance with the principle of the sanctity of life, a doctor must exercise his skills to save lives and act only in the best interest of the patient. The European Court of Human Rights established in its jurisprudence that the refusal or inadequate provision of medical care in public, private hospitals or other medical service providers requires liability. The positive obligations under art. 2 of the Convention require states to provide regulations that oblige hospitals in the public or private sector to adopt appropriate measures to protect the lives of their patients and to establish an effective independent judicial system in order to identify causes and situations harmful to patients and to hold people accountable responsible.

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