Liability of medical staff in case of malpractice
Liability of medical staff in case of malpractice

Summary/Abstract: The medical staff, by exercising this noble profession, contribute to the observance of fundamental human rights, which are acknowledged in Article no. 22 of the Romanian Constitution.Exercising the profession of physician implies respecting both deontological and legal norms, which regulate the damage of the values defended by the law.In order to engage the legal liability, there must be a cumulative legal conduct, a prejudice, the causal link between the culpable conduct and the injurious result and the guilt, from the part of the subject of the offense.With regards to the medical acts, we mention that they do not exclude intentional misconduct, this is why, the most of the acts of malpractice committed by fault, often being the kind of guilt that the medical staff operates.

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