Teoria şi practica malpraxisului medical – o relaţie ambivalentă
Theory and Practice of Medical Malpractice - an Ambivalent Relationship

Summary/Abstract: Medical liability is one of the most intensively researched areas in recent years under the dome of civil liability. Multiple sources, legal nature, forms of damages – particularize medical liability as a topical area, located at the confluence of scientific „interests”. Specialists in different fields (legal sciences, medicine) raise issues, in relation to the difficulties of everyday reality and optimal solutions, which satisfy equity and, at the same time, the perspective of the author and the perspective of the victim of harm. In medical matters, the configuration of malpractice follows the provisions of common law and special legislation. The main normative act is Law no. 95/2006 on health care reform, which, in the economy of its provisions, defines the notion of „medical malpractice” and offers some benchmarks of professional liability. Theoretical theses are valuable only insofar as they are validated at a practical level. However, the solutions are not always clear from the normative texts, so the role of jurisprudence is essential. On the other hand, the judicial practice is contributory, as it substantiates, by law ferenda, new solutions. The „force” of the magistrate's arguments is imposed, with the value of the legal truth, when it is enshrined in the law.

• Details
• Contents