| Popis: |
This article aims to present the way the legislator defines malpractice within the Law no. 95/2006, republished, with the analysis of the phrase „professional error” and the basis of the civil liability in what concerns the medical personnel (Article 653 uses the expression “error” along with concepts such as “negligence”, “recklessness” that require clarification). The exonerating cases of liability governed by the New Civil Code are analyzed and seen as circumstances excluding liability because its elements are not fulfilled, being cases in which the guilt of the debtor regarding the damage cannot be considered or there is no causal link between the act of it and the damage produced. There are analyzed the special cases provided by Law no. 95/2006, republished, where the medical liability is removed- Article 654. The medical personnel staff is not liable for damage and losses caused in the practice when they are due to working conditions, poor endowment with equipment for diagnosis and treatment of nosocomial infections, adverse effects, complications and risks generally accepted within the methods of investigation and treatment, of hidden vices of the sanitary materials, equipment and medical devices, the medical substances used. Law no. 95/2006 regulates an exoneration case regarding the liability of the medical staff when it acts in good faith, in emergency situations, according to the competence granted. The article presents an analysis of the concept of good faith in relation to the specific of the medical field as a cause that removes the guilt of the medical staff. |
