FORENSIC FUNDAMENTALS IN MALPRACTICE EXPERTISES

Daniel Ureche, Ovidiu Chiroban, Dan Perju-Dumbrava and Carmen-Corina Radu

FIAT IUSTITIA, 2016, vol. 10, issue 2, 302-310

Abstract: As a definition of malpractice, it is known to be a mistake, a professional negligence which could have been avoided and which has resulted in a injury, physical integrity or even loss of life. To better understand the notion of malpractice we will try to understand the legal principles and relationships regulate the medical legal report. The subjects of the legal report are represented by the pacient and other individuals or legal entities that are directly involved in providing healthcare services. The content of the medical legal report is established by the rights and obligations that the subjects acquire, and the object of the report is given by their conduct, actions or inactions. To establish the existence of malpractice in our expertise, there must be fulfilled some certain criteria. The case must contain a doctor-patient relationship. Physicians should be in a situation of negligence. This negligence needs to cause a injury to the pacient, and that injury needs to led to specific damages. Another important aspect in malpractice is the compliance of the medical protocols in effect at the time of the injury. The presence or absence of these protocols is questionable, being influenced by the health care system health. In the forensic report we seeks fulfillment to all legal and procedural requirements in providing medical services. At the moment legally it is a trend to resolve the malpractice cases through mediation, aiming to establish an agreement consisting in an economic compensation, conducted outside the judicial system.

Keywords: : Malpractice; medical law; forensic expertise; medical liability (search for similar items in EconPapers)
JEL-codes: K32 (search for similar items in EconPapers)
Date: 2016
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