MALPRACTICE IN THE ACTIVITY OF DOCTORS AND LAWYERS COMPARATIVE STUDY

Gabriel-Adrian Nasui

FIAT IUSTITIA, 2016, vol. 10, issue 2, 172-182

Abstract: The doctor’s liability traditionally relied on the failure to give careful and conscientious care. In the case of a legal medical relationship, the rule is that the doctor undertakes to perform an obligation of means to the patient, respectively undertakes to make decisions and judgments of a medical nature, given the rights and interests of the patient and medical principles generally accepted in order to prevent or treat diseases. The applicant must prove that his doctor has not fulfilled its obligation of means, which compels him to provide careful medical care and comply with up to date science data. Regarding the nature of obligations assumed by lawyers through the legal assistance contract, we have to observe that the lawyer must submit all due diligence for the defence of liberties, rights and legitimate interests of the client. It is therefore expressly regulated that the lawyer has an obligation of means, i.e. diligence, and not an obligation of result. Typically, the source of liability for the members of liberal professions such as lawyers is a contract between the client and the service provider and the fact that in the exercise of the public service entrusted the professional liberal may causes damages to his client. The lawyer can only act within the limits of the contract in relation to his client, except as provided by law.

Keywords: Malpractice; doctor; lawyer; obligation of means; contract (search for similar items in EconPapers)
JEL-codes: K32 (search for similar items in EconPapers)
Date: 2016
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