Repararea prejudiciului în caz de neexecutare sau executare necorespunzătoare a obligației de informare în domeniul medical
Damage repair in case of non-execution or inadequate execution of the obligation to inform in the medical domain
Author(s): Cornelia Muntean, Raluca LazărSubject(s): Law, Constitution, Jurisprudence, Civil Law, Health and medicine and law
Published by: Universul Juridic
Keywords: patient; obligation to inform; medical staff; bodily injury; loss of chance;
Summary/Abstract: The romanian legislator provided both the patient's right to be informed information and the correlative obligation of the medical staff to inform the patient. Information is an autonomous obligation but also prior to any method of prevention, diagnosis and treatment for the patient. Therefore, the physician, or medical staff, should seek and receive the patient's express consent only after he or she has received adequate information about the purpose and nature of the investigation, treatment or intervention, and about the foreseeable consequences and risks generally accepted by the medical society. However, when this obligation to inform is not performed or is improperly performed, the doctor is liable for the damage resulting from the loss of the chance.
Journal: Acta Universitatis Lucian Blaga. Iurisprudentia
- Issue Year: 2021
- Issue No: 02
- Page Range: 33-47
- Page Count: 15
- Language: Romanian
- Content File-PDF