Extinderea peste limitele legale a răspunderii pentru malpraxis a personalului medical prin Ordinul ministrului sănătăţii nr. 1411/2016

dr. IONUŢ VIDA-SIMITI*

* e-mail: ionutjus@yahoo.com

Avocat - Baroul Cluj

ABSTRACT

The Order of the minister of health No 1411/2016 introduces, in the Annex to the Order of the minister of health No 482/2007, a new article, that is Article 5, which regulates a new form of civil liability opposite to the liability of the principal for his agent, where the agent (the medical staff) is objectively liable for the deed [the situations provided by Article 655 (1) of the Law No 95/2006] of the principal (the sanitary unit). Article 5¹ of the Annex to the Order No 482/2007 is unlawful because it violates the express provisions of Article 654(2) a) of the Law No 95/2006 (which exonerates ex lege the medical staff from the liability for the prejudices caused by the working conditions) and it is confusing, because, although it represents a methodological norm of a...