Relația pacient-medic de la nașterea la decesul persoanei fizice
Patient-Medic Relating from the Nation to the Decision of the Physical Person

Summary/Abstract: This paper addresses the „patient-doctor relationship” because each of us may become a „patient” and enter into such a relationship with a „doctor”. In the sense of the Romanian law, the patient means the healthy or sick person who uses the health services. The patient's rights are regulated by Law no. 46/2003. Important rules regarding the doctor-patient relationship are also included in Law no. 95/2006 on the reform in the field of health as well as in the Methodological Norms of 2007 for the application of Title XVI „Civil liability of the medical staff and of the provider of medical, sanitary and pharmaceutical products and services” of Law no. 95/2006 on health-care reform. Chapter III of Law no. 46/2003 enshrines the rights of the person to accept or refuse a medical intervention, the collection of samples or the taking of cells, tissues and organs. The same law provides for informing the patient before any medical intervention on the risks of the procedure. In order to protect his image, the law strongly prohibits the provision of personal information, unless he gives his consent or under the conditions required by law. This paper is not limited to stating the legal regulation but also performs an analysis of it identifying those issues that are likely to generate conflicts and disputes. Knowing the patient's rights helps citizens understand what to do in a relationship with a doctor. It thus becomes possible to avoid abuse, medical interventions, without the patient being informed about the risks to which he is exposed, as well as malpractice.

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