Formele răspunderii medicale și incidența acestora în cazul COVID-19
Forms of medical liability and their incidence in the case of COVID-19

Summary/Abstract: The aim to simplify medical liability, but especially the need for application in practice of the institution determined the separation of some forms of medical liability, grouped under the name of objective liability. However, liability for insufficient medical knowledge was approached in an impractical manner. This is the most common form of medical liability. Therefore, the present study aims to enunciate a coherent system of medical liability, by evoking all its forms. The originality of the article is denounced by the evocation of the forms of medical liability imputable to the medical staff, but to the same extent, to the medical institutions, jointly and severally. This article highlights all the configurations that medical responsibility can take, with a priority approach to the expressions of responsibility of the medical staff, in solidarity with the medical unit. Most importantly, the development of the application conditions of one of the most common forms of medical liability – liability for insufficient medical knowledge was pursued. The criteria for applying this form of liability in practice were outlined, which marks the originality of the study. The manner in which the approach and application of the Medical Practice Guidelines is required, as well as the incidental solutions in the absence of these criteria of correct medical practice were highlighted. The study analyzes one of the varieties of medical liability, applicable in the case of COVID-19, representing liability for insufficient medical knowledge. Also, particularities of medical liability found in confirmed cases of COVID-19 are shown. Last but not least, the (non)compliance of the medical service provided in the case of confirmed COVID-19 patients is being debated during this study.

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