Particularităţile raportului juridic dintre pacient şi prestatorul de servicii medicale

Prof. univ. dr. Gabriel-Marcel MIHAI

Facultatea de Drept şi Ştiinţe Administrative, Universitatea "Ovidius" din Constanţa

ABSTRACT

The legal relationship under medical law is a species of the legal relationship under civil law and differs from it only in its level of specificity, expressed by the quality of the subjects or the cause on the basis of which a medical law relationship arises.

The medical legal relationship is a social relationship governed by legal rules, which aims to satisfy interests of a material nature and in which the parties (doctor and patient) appear as holders of rights and, correlatively, of reciprocal obligations, achieved, if necessary, by means of the coercive force of the state.

The main obligations incumbent on the doctor in the doctor-patient legal relationship are the obligations correlative to patients’ rights.

Keywords: medical services, patient, doctor, legal liability,...