Legal aspects regarding the medical doctor's obligations 
in relation to the patient Cover Image

Aspecte de ordin juridic privind obligațiile medicului în relația cu pacientul
Legal aspects regarding the medical doctor's obligations in relation to the patient

Author(s): Alina Doina Tanase
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: doctor; patient; medical obligation; informed consent; security obligation; obligation to provide services;

Summary/Abstract: The obligations of the doctor are multiple and diverse and currently have their own regulations in the Romanian legal system. They represent the most important part within the medical procedure, whose existence and analysis offer us arguments to support the hypothesis that the obligations of the doctor have a particular individuality. This individuality can be noticed only by thorough analysis of the various particularities that these obligations have, according to the regulations in force.From the beginning, one has to mention that most of the obligations of the doctor towards the patient are stipulated expressly, clearly and imperatively by the law. Nevertheless, one must not deny the fact that there are some obligations which, even though being without legal grounds, have been recognised by the doctrine and the case law, undergoing the pressure of and facing the needs that are required by the medical procedure.Thus, within the present scientific article, we have not just analysed the obligations stipulated by the law which pertain to the doctor (the obligation to provide services; the non-discrimination obligation between patients; security obligation; confidentiality obligation etc.), but also a number of obligations which do not have a regulation on their own in the Romanian legal system, but are stipulated by the European legislation.

  • Issue Year: 2019
  • Issue No: 1
  • Page Range: 85-95
  • Page Count: 11
  • Language: Romanian