MEDICAL MALPRACTICE IN ROMANIA
TOWARDS A TERMINOLOGICAL AND CONCEPTUAL RIGOR, FOR AN EFFECTIVE PROCEDURAL APPROACH
MEDICAL MALPRACTICE IN ROMANIA
TOWARDS A TERMINOLOGICAL AND CONCEPTUAL RIGOR, FOR AN EFFECTIVE PROCEDURAL APPROACH
Author(s): Ana Maria MihălcescuSubject(s): Civil Law
Published by: Österreichische Nationalbibliothek Wien/ Österreichisch-Rumänischer Akademischer Verein
Keywords: medical malpractice; civil tort liability; Law on healthcare reform;
Summary/Abstract: We have analysed the approach in the Romanian legislation and in the medical malpractice doctrine from the adoption of the Law on health care reform in 2006, as subsequently amended, and the correlation of the terms used in the legal definition with other dedicated institutions of the Romanian civil and criminal law.The definition of medical malpractice which is affected by ambiguity is likely to maintain an uncertain regulation in which parallel and inefficient administrative and professional jurisdictions operate in terms of patient compensation, the patient being forced almost exclusively to go to the court to obtain effective redress.Despite numerous changes in the law, we find the same terminological and conceptual inconsistencies and we make suggestions de lege ferenda to remedy them.
Journal: Conferința Internațională Educație și Creativitate pentru o Societate Bazată pe Cunoaștere - DREPT
- Issue Year: VII/2013
- Issue No: VII
- Page Range: 105-108
- Page Count: 4
- Language: English