FORMULĂRI CONTRADICTORII ÎN LEGISLAȚIA PRIVIND EXPERTIZELE MEDICO-LEGALE, CU REFERIRE SPECIALĂ ASUPRA EXPERTIZELOR MEDICO-LEGALE ÎN CAZURILE DE MALPRAXIS MEDICAL

The authors make an analysis of the Romanian legislation in the matter of forensic reports – and, particularly, in the field of medical malpractice – and they establish that, in these areas, there is a plurality of normative acts of different levels (laws, Government ordinances, Government decisions, orders of ministers), regulations which, quite often, are confused, contradict each other, are incomplete, sometimes they are not correlated with the rules of principle in the matter of evidence included in the current Civil Procedure Code, respectively the Criminal Procedure Code etc. At the end of the analysis, the authors propose the repeal of this entire scattered legislation and the elaboration of a single normative act on the matter (at level of law or of Government ordinance) that, having regard to the current legislative experience, would completely and unitarily bring a modern, unique and unitary regulation with regard to the forensic reports (including those concerning the medical malpractice).