Natura juridică a răspunderii civile a medicului
Legal nature of the civil liability of the physician

Summary/Abstract: In this study, the author reaches the conclusion that, according to the Romanian legislation (Law no. 295/2006 regarding the healthcare reform), the civil liability of the physician is a civil and contractual liability, which is triggered only in case the profession of physician is carried out as a liberal profession (therefore in a private medical office), when the physician is party to the contract. If the physician is an employee, then the liability for the medical procedure falls to the medical unit with legal personality and the latter, subsequently, is entitled to cover its damage for the action filed according to art. 270, paragraph 1 of the Labor Code against the guilty employee physician.

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