Răspunderea medicală – între tradiție și inovație
Medical liability – between tradition and innovation

Summary/Abstract: The approach to medical liability has received various theoretical perspectives, as can be seen from the enumeration retained in this study. These were channelled around the medical staff, with the omission of the most important subject of medical law – the medical unit. These are a determining role in the stability of the nature of medical liability, but especially for the edification of the medical liability system. The nature of medical liability cannot be dissociated from the status of providers of medical services, pharmaceuticals, or utensils. Attributes can only be identified by reference to the status of the subjects in the medical law legal report. The formulated approach starts from the traditional theories circulated, but has the merit of offering a different perspective of the previous arguments. In appearance, the coexistence of civil liability with the public office or the status of the public institution may be considered paradoxical, but important doctrinal opinions confirm that they can coexist and that they have evolved together, as can be noted in the present study. In this sense, one can start from the premise that the violation of a specific assignment of the public function attracts tortious civil liability, an aspect that does not raise contradictions. In the framework of this study, all types of liability in which medical liability was included were taken into account. The formulated conclusion takes into account the traditional theory expressed. They have been updated by reporting on the evolution of medical science and the demands imposed by this rise. In the development of the proposed solution, the new elements in the field of medical liability were taken into account, represented by the medical practice guidelines, with the help of which the nature of the incident can be determined. Their nature is exemplified in this paper, which aims to become a useful working tool for practitioners.

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