Răspunderea civilă medicală

IOAN ADAM

Prof. univ. - Facultatea de Drept, Universitatea "Titu Maiorescu" din Bucureşti

Avocat - Baroul Braşov

ABSTRACT

We have taken into account that there have been several discussions with regard to medical legal liability, related to such a domain of maximum sensitivity, which is why the regulation of this form of liability is fully justified. Thus, medicine, being a social activity, cannot be deprived of a legal regulation that would protect the interests and rights of both the medical staff and, especially, of the patients.

The liability based on the medical error cannot be one of an objective type, because, in principle, the doctor’s obligation is one of diligence and in rare cases it is one of result; depending on this aspect, at the time when the doctor guarantees a certain result, expressly expressed by him, his mistake will have an objective foundation.

There have been doctrinal controversies in order to correctly qualify the type of liability that...