MEDICAL FAULT. GENERAL ASPECTS AND CLASSIFICATIONS Cover Image

CULPA MEDICALĂ. ASPECTE GENERALE ŞI CLASIFICĂRI
MEDICAL FAULT. GENERAL ASPECTS AND CLASSIFICATIONS

Author(s): Ştefania Zorcă
Subject(s): Law, Constitution, Jurisprudence, Criminal Law, Civil Law, Health and medicine and law
Published by: Universul Juridic
Keywords: medical malpractice; medical error; tort liability; medical malpractice by commission; medical malpractice by omission;

Summary/Abstract: Along with criminal law, criminal procedural law, forensics and more, forensic medicine is one of the essential sciences of the processes underlying the truth, which is often called forensic medicine. Although there is no universally valid definition of this discipline, forensic medicine has acquired over time a lot of meanings and descriptions that have helped to shape the ideas that underpin this activity. Thus, from the perspective of M. Orfila, forensic medicine represents "the totality of medical knowledge capable of shedding light on various issues of law or of guiding the legislator in making laws." Similar to the previous one, J.D. Metzger states that forensic medicine is "medicine called to enlighten the science of law." On the other hand, in a broader sense, the discipline of forensic medicine could be seen as a synthetic medical discipline, situated on the border between the medical-biological sciences (generally concrete) and the socio-legal sciences (usually abstract), which aims at the competent and objective support of the judiciary whenever for the clarification of a judicial case probative elements from the medical sphere of the human biological are necessary1. We therefore aim to present the general aspects from the perspective of the concept and the classifications that underlie medical malpractice as an integral part of forensic medicine and an unequivocal point of support in the process of finding the truth.

  • Issue Year: 2022
  • Issue No: 06
  • Page Range: 52-57
  • Page Count: 6
  • Language: Romanian