THE ROLE OF MEDICO-LEGAL EXPERTISE IN CASES OF MEDICAL MALPRACTICE. ELEMENTS OF MALPRACTICE VIEWED FROM A MEDICO-LEGAL POINT OF VIEW FROM THE LAWYERS PERSPECTIVE

Dan Perju-Dumbravă, Carmen Corina Radu*, Alexandru Cordoș, Michael Ewald Schürger and Andrei-Vlad Mate

FIAT IUSTITIA, 2022, vol. 16, issue 2, 52-58

Abstract: Malpractice is a matter of public debate in Romania, both in the medical and in the legal environment, due to patients' lack of knowledge of their rights and the ambiguity of a concise and well-developed legal framework. Malpractice is regulated by art. 642 of Law no. 95/2006 on “Civil liability of medical personnel”. In 2017 the Superior Council of Forensic Medicine approved Norms regarding the participation of the recommended expert in the medico-legal works, giving a legal frame work for some forensic doctors to asses in order to provide more evidence for the courts. Patient advocates are most often addressed in cases involving surgical specialties, most commonly gynecology or plastic surgery. The expert has at his disposal a whole medical and legal informational arsenal, which allows him to identify very quickly and accurately any medical faults. The New Code of Criminal Procedure, in art. 173 and art. 177 disposes of the elements by which the appointment of the expert is made.

Keywords: malpractice; civil law; foresnics (search for similar items in EconPapers)
JEL-codes: K14 (search for similar items in EconPapers)
Date: 2022
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