MALPRACTICE AND CIVIL LIABILITY OF THE HEALTHCARE PROFESSIONALS
The issue of the medical malpractice and the liability of the healthcare professionals is more current than ever, given that the medical activity has been put to the test in the context of the COVID-19 pandemic. Thus, taking into account that the treatment and the medical interventions are exercised...
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| Main Author: | |
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| Format: | Article |
| Language: | English |
| Published: |
Nicolae Titulescu University Publishing House
2021-05-01
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| Series: | Challenges of the Knowledge Society |
| Subjects: | |
| Online Access: | http://cks.univnt.ro/download/cks_2021_articles%252F2_private_law%252FCKS_2021_PRIVATE_LAW_003.pdf |
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| Summary: | The issue of the medical malpractice and the liability of the healthcare professionals is more current than ever, given that the medical activity has been put to the test in the context of the COVID-19 pandemic. Thus, taking into account that the treatment and the medical interventions are exercised directly on the patient, it is necessary to establish the type of liability of the healthcare professionals and whether there are certain limits of the liability for the application of innovative treatment or whether, on the contrary, the application of other treatment schemes than those approved by the international medical forums is likely to attracts the liability of the healthcare professionals. At the same time, this paper aims to present the national legal framework that defines the essential requirements and limits of liability of the healthcare professionals. At the same time, in relation to the case law and doctrine, this paper will seek to establish the main obligations of the healthcare professionals to patients and the nature of these obligations. In the end, the opinions expressed over time in the doctrine regarding the basis of liability of the healthcare professionals, whether it is a contractual liability or a non-contractual liability, or a special liability, are presented comparatively. |
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| ISSN: | 2068-7796 |