Etica profesională a medicului. Incidența dreptului penal în malpraxisul medical
The Professional Ethics of the Physician. Criminal Law in Medical Malpractice

Summary/Abstract: Like any other profession or professional activity, that of physician must be coordinated by a set of ethical rules, so that any professional in the medical field can perform the medical act at the highest professional standards, with the patient's interests as a priority. The fundamental obligation of the physician is that of providing medical assistance. This obligation is both of a moral and legal nature, as it must be fulfilled by the physician regardless of the situation and it cannot be restricted only to a formal setting. Medical act must not be influenced, as the physician is the only one who can decide on how to perform his duties. Thus, the medical professional will always choose to perform the medical act in accordance with ethical principles, professional principles and the current laws and professional standards in force. This article discuss relevant issues related to medical malpractice, the incidence of criminal law in medical malpractice, criminal liability and differences between the two forms of guilt – intent and fault.

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