CONSIDERAȚII ASUPRA CAUZELOR CEDO PRIVIND MALPRAXIS-UL. DISPOZIȚII LEGALE INCIDENTE ÎN LEGEA NAȚIONALĂ
Author(s): Doian Chiriță
CONSIDERATIONS ON THE CEDO CASES REGARDING MALPRACTICE. INCIDENTAL LEGAL PROVISIONS
IN NATIONAL LAW
Subject(s): Labour and Social Security Law
Published by: Universitatea Crestina "Dimitrie Cantemir"
Keywords: malpractice; short CEDO jurisprudence of cases of malpractice in Romania; violation of art. 6 and 8 of the Convention; the rights of the patient; the rights and obligations of the medical staff;
Summary/Abstract: Malpractice is a relatively recent institution in Romanian law, and can be categorized, at present, as a bitter reality of our society, which is increasingly faced by both medical professionals and beneficiaries of medical services. Unlike other legal systems, in which the term malpractice refers to negligence or incompetence on the part of a professional, in the national legislation we encounter the term malpractice defined in art. 653 of Law no. 95/2006 on the health care reform as “a professional error committed in the exercise of the medical or medico-pharmaceutical act, generating damages on the patient, involving the civil liability of the medical staff and the provider of medical, sanitary and pharmaceutical products and services” . As such, we can say that in the national legislation, when we talk about malpractice, we refer to medical malpractice.
- Issue Year: XII/2021
- Issue No: 45
- Page Range: 153-162
- Page Count: 10
- Language: Romanian