6. Malpraxis. Răspunderea asigurătorului instituției medicale. Condiții și efecte
6. Malpractice. Liability of the healthcare institution insurer. Terms and effects

Summary/Abstract: Pursuant to the provisions in art. 656 of the Law no. 95/2006, it follows that healthcare personnel is bound to conclude a malpractice insurance for the cases of professional civil liability for prejudice caused through the medical act, a mandatory employment pre-condition. As long as the Romanian law expressly regulates the healthcare personnel insurance as a distinct for of insurance applicable to such personnel, individually concluded, different from all forms of insurance concluded between the employing healthcare institution – concerning the prejudice caused as a consequence of events related to the activity carried out by the institution, the civil liability whereof may be triggered in any of the forms stipulated in art. 1000 of the civil Code –, it is obvious that the subject of the insurance agreement concluded between the healthcare unit and the insurer does not include the malpractice insurance and, as such, the healthcare institution insurer shall not be held liable for the prejudice caused by the medical doctors in the fulfillment of the medical act.

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