Malpraxis medical. Prejudiciu viitor

Medical malpractice. Future harm

Abstract

The liability for the healthcare professionals’ own act for malpractice shall be incurred when the physician, the dentist, the pharmacist, the nurse and the midwife providing healthcare services cause harm to the patient by mistake - also including negligence, imprudence or insufficient medical knowledge in the exercise of their profession - by individual acts within the prevention, diagnosis and treatment procedures.

The liability of the healthcare services supplier for the harm damages caused by the hired healthcare personnel is an indirect liability of the principal for the action of the agent, and the court shall check the fulfilment of the general conditions of tort liability for the agent’s own action (the existence of the illegal deed in the strict sense of the special law, respectively of a malpractice action, of the prejudice, of the causal link between those two conditions and the agent’s fault) and,...