AGRAVAREA PESTE LIMITELE LEGII A RĂSPUNDERII PENTRU MALPRAXIS A MEDICULUI MILITAR

Article 42 (3) of the Annex to the Order of the Minister of National Defence No M.110/2009 is a true legal innovation because it extends the scope of the liability for medical malpractice to hotel obligations (specific to the tenancy contract) within the content of the medical contract, but, at the same time, reduces the sphere of liable persons down to the military physician (treating physician and section chief), by exceeding the express legal limits of the liability of the physician and actually taking over not only the entire medical liability of the military hospital, but also of the medical equipment producers and of the suppliers of utilities of the military hospital.