The Regulation of Malpractice Based On Law No 5/2006 And The Procedure for Establishing of Malpractice Cases Cover Image

The Regulation of Malpractice Based On Law No 5/2006 And The Procedure for Establishing of Malpractice Cases
The Regulation of Malpractice Based On Law No 5/2006 And The Procedure for Establishing of Malpractice Cases

Author(s): Roxana Matefi
Subject(s): Criminal Law, Civil Law, International Law, Human Rights and Humanitarian Law, Sociology of Law, Court case
Published by: Editura Universitatii Petrol-Gaze din Ploiesti
Keywords: malpractice; Law no 95/2006; civil liability; medical personnel; patient;

Summary/Abstract: The present work wishes to analyze the Romanian medical system in regard to Law no 95/2006 for malpractice cases. The general aspects of malpractice were analyzed first, starting from the legal definition and moving on to the doctrinarian interpretation. We have also analyzed the civil liability of the doctor with all its significant aspects, as well as the legal procedure of determining malpractice cases. Finally, we have introduced a case study, the trial Codarcea versus Romania, a trial in which the Romanian state was sentenced by the European Court for Human Rights for the violation of articles 6 and 8 of the Convention. The Romanian state was sentenced to pay moral damages in the amount of 20.000 Euros.