Raportul dintre rãspunderea medicului si rãspunderea unitãtii sanitare
Relationship between doctor’s liability and healthcare facility’s liability

Summary/Abstract: Articles 642-648 of Law no. 95/2006 establish healthcare liability within the medical system. Specifically, this liability is a complementary system of liabilities, intended to cover any damage suffered by the patient, regardless of who committed the unlawful act. However, it should be noted that this healthcare liability consists of three related liabilities, though distinct in point of legal basis and legal foundation, which engage complementary, depending on the injury-generating illicit act and the person who committed it by breach of his/her separate duties. The paper hereby reviews the relationship between doctor’s liability and healthcare facility’s liability within healthcare liability. Part One presents the current state of research by introducing views expressed in French and Romanian doctrines. Part Two reviews the relationship between doctor’s liability and healthcare facility’s liability as regards medical procedure, in terms of the legal nature of medical liability. This liability is mainly contractual, which entails responsibility of the party to the contract, hence the need to identify the contractual party and the distinction between the said individual and the person by the agency of which the contract is performed; though it might be exceptionally tort for contract cancellation, business management or indirect damage. The last part pictures the relationship between doctor’s liability and healthcare facility’s liability as regards the exercise framework of medical procedures

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