PIERDEREA ŞANSEI ÎN MATERIE MEDICALĂ. CÂTEVA REPERE PRIVIND SURSELE PREJUDICIULUI CORPORAL
LOSS OF OPPORTUNITY IN MEDICAL MATTERS. SEVERAL REFERENCES TO THE SOURCES OF BODILY INJURY

Summary/Abstract: The novelty regulation of the Romanian Civil Code places the loss of chance among the components of the reparable damage. Compensation has particularities in medical matters because it relates to the specificity of each medical act. The study examines malpractice issues in terms of losing the chance of gaining an advantage or avoiding an unfavorable event when the origin of the injury is the failure to meet the medical information and advice, erroneous diagnosis, faulty treatment (including aesthetic surgery). The practice of indemnity is unqualified, and difficult issues will multiply – on the new regulation. Legal judgments are subject to interaction with the human factor, and the sensitivity of the magistrate to evaluate (injury and compensation) is a variable that can impress a sinuous way to compensate for the loss of opportunity in the medical field.

• Details
• Contents