Aspecte legislative şi jurisprudenţiale în legătură cu drepturile medicului

dr. IONUŢ VIDA-SIMITI

Avocat - Baroul Cluj

ABSTRACT

The content of the medical legal relation includes all rights and obligations of the provider and of the beneficiar)' of the medical service. Among these, only the rights of the patient benefit by an explicit and ample special regulation and by a growing doctrinal interest. However, this does not mean the lack of specific rights in favour of the doctor, but only the necessity to identify the existence and the determination of their content by analyzing the nature and/or the implicit effects of the legal provisions and of the jurisprudential solutions. Thus, the patient’s acceptance by the doctor, based on Article 663 (1) of the Law No 95/2006, is the equivalent of the informed consent of the patient, expressed pursuant to Articles 660-662 of the Law No 95/2006 and Articles 13-20of the Law No 46/2003; the interruption of the relation between the doctor and the...