RĂSPUNDEREA CIVILĂ MEDICALĂ

We have taken into account that there have been several discussions with regard to medical
legal liability, related to such a domain of maximum sensitivity, which is why the regulation of this
form of liability is fully justified. Thus, medicine, being a social activity, cannot be deprived of a legal
regulation that would protect the interests and rights of both the medical staff and, especially, of the
patients.
The liability based on the medical error cannot be one of an objective type, because, in
principle, the doctor’s obligation is one of diligence and in rare cases it is one of result; depending on
this aspect, at the time when the doctor guarantees a certain result, expressly expressed by him, his
mistake will have an objective foundation.
There have been doctrinal controversies in order to correctly qualify the type of liability that can
be engaged depending on several factors, liability that may be civil tort, contractual, civil special or
professional one, as appropriate. We have considered necessary to emphasize that the foundation of
liability is represented by the relations established between the patient and the doctor, between the
patient and the units providing medical services, units that can be in the public medical service or
circumscribed to some private forms of practising medicine.