Asigurarea obligatorie de răspundere profesională pentru medici, farmacişti şi alte persoane din domeniul asistenţei medicale reglementată de Legea nr. 95/2006

Avocat drd. Ionuţ VIDA-SIMITI

Abstract

The purpose of civil liability is the remedy. For this reason, Law no. 95/2006 was not limited to the regulation of liability in the medical system, it also aimed to establish certain legal mechanisms for obtaining the remedy to the prejudice. In this respect, the legislator attempted to transpose the dispositions of the French legislation into the Romanian legislation - art. L.1142 of Code de la sante publique, by setting out a procedure for establishing the cases of liability for medical and pharmaceutical malpractice, and in the event of a prejudice which would have to be remedied, the aim was to impose the obligation to conclude an insurance contract. Thus, the regulation under art. 656-667 of Law no. 96/2006established the obligation to conclude an insurance contract for malpractice. But...