Legal Responsibility in the Operating Room in the Particular Case of Retained Surgical Foreign Bodies
Legal Responsibility in the Operating Room in the Particular Case of Retained Surgical Foreign Bodies

Author(s): Raluca Laura Dornean Păunescu
Subject(s): Civil Law, Health and medicine and law, Sociology of Law
Published by: ADJURIS – International Academic Publisher
Keywords: legal liability; operating room; foreign body; health refor;
Summary/Abstract: The study presents an analysis of legal liability in the operating room, in the hypothesis of a retained surgical foreign bodies, as well as the interpretation of the procedure for completing the checklist of surgical procedures, imposed by Order no. 1,529 of December 13, 2013 issued by the Romanian Ministry of Health. Ab initio, there are exposed the legal status of civil liability in medical activity, the definitions of medical personnel and the notion of malpractice, as well as aspects related to the prescription of the right of action and the competent court in such cases. In corollary, jurisprudential elements related to the medico-legal expertise and the relevant conclusions of such evidence administered in the civil process are highlighted.

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