Informarea precontractuală a pacientului
Pre-contractual Information of the Patient

Summary/Abstract: From the beginning of the relationship between the doctor and the patient to the endpoint of the parties' consent, we identify a "pre-contractual phase" of the medical care contract . This phase consists of three stages: 1) patient's choice of physician; 2) patient acceptance by the physician; 3) patient information by the physician. Informing the patient by the doctor is a compulsory stage for expressing his / her consent regarding the medical act. At international level, the obligation to inform the patient is regulated in the European Health Code, The Ovideo Convention, the European Charter of Patient´s Rights from Nice(the 15th of November 2002) and in The Opinion of the European Economic and Social Committee(the 26th of September 2007). In the Romanian legislation it is provided in Law nr.46/2003 on patient´s rights, in Law nr.95/2006 regarding the health care reform, as well as in the Medical Ehics Code made by the Medical College from Romania. The role of the doctor in distressing the right information to the patient is crucial.The method used by the medical staff to inform special patients such as minors or persons suffering from mental deaseases has certain particularities. In the absence of adequate information of the patient, we cannot speak of a valid consent, so that for the medical interventions made in the absence of full agreement, medical liability will be governed by the legal provisions governing extra-contractual relations.

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