EXTINDEREA PESTE LIMITELE LEGALE A RĂSPUNDERII PENTRU MALPRAXIS A PERSONALULUI MEDICAL PRIN ORDINUL MINISTRULUI SĂNĂTĂȚII NR. 1411/2016

The Order of the minister of health No 1411/2016 introduces, in the Annex to the Order of the minister of health No 482/2007, a new article, that is Article 51, which regulates a new form of civil liability opposite to the liability of the principal for his agent, where the agent (the medical staff) is objectively liable for the deed [the situations provided by Article 655 (1) of the Law No 95/2006] of the principal (the sanitary unit). Article 51 of the Annex to the Order No 482/2007 is unlawful because it violates the express provisions of Article 654 (2) a) of the Law No 95/2006 (which exonerates ex lege the medical staff from the liability for the prejudices caused by the working conditions) and it is confusing, because, although it represents a methodological norm of a special law, it makes reference to the common law (Article 1373 of the Civil Code) which regulates exactly the opposite, namely the objective liability of the principal for the deed of the agent based on the idea of guarantee of the principal, that covers the risk of activity and of authority.