Revocarea contractului medical pentru ingratitudine

Av. dr. Ionuţ VIDA-SIMITI

Abstract

Medical legal liability consists of a whole legal mechanism, starting with the rights and obligations generated by the illicit act which violated the rules of medical law and continuing with the legal procedures for the application of the sanction. Depending on the violated legal rule, the damage caused, the sanction applied, medical liability may be criminal, disciplinary or civil for medical malpractice. This third form of medical legal liability is specially regulated under Title XVI of Law no. 95/2006; but, paradoxically, included in this Title, art. 664(1) letter c) point (ii) establishes a form of civil liability of the patient towards the doctor by sanctioning the patient with the revocation of the medical contract.

Keywords: medical legal liability, revocation of the medical contract, duty of diligence, duty of gratitude

Rezumat

Răspunderea juridică medicală constă într-un întreg mecanism juridic,...