Analiza comparativă a soluționării situațiilor de malpraxis din serviciul militar medical al Statelor Unite ale Americii și României
Comparative analysis of the resolution of malpractice cases in the military medical service of the United States of America and Romania

Summary/Abstract: The Supreme Court of the United States of America has held by its judgment of December 4, 1950, in Feres Executrix v. United States, that an action by persons claiming to be victims of malpractice in the military medical service under the Federal Tort Claim Act is inadmissible because the relationship between the United States and the military personnel cannot be equated with any legal relationship under private law such that the federal government would act and be liable for damages as any private party. However, a new federal law, section 731 of Title VII div. A of Public Law 116-92 which adds a new section 2733(a) in Chapter 163 of Title 10 of the United States Code, the Department of Defense may cover damages resulting from such military medical malpractice in the military medical service through a non-contentious administrative proceeding not subject to court review. In Romania, Articles 166 and 655 of Law no. 95/2005 expressly regulate the liability of the military hospital for malpraxis situations, but Order no. M 110/2009 of the Minister of Defense transfers the entire liability (both for the medical act and for the medical service performance framework) to the hospital commander, the head of the ward and the attending physician, who are legally liable as private persons.

• Details
• Contents