ASPECTS CONCERNING DAMAGES IN THE MEDICAL FIELD

Calina Jugastru ()
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Calina Jugastru: Professor Ph.D. Dean, Faculty of Law „Simion Barnutiu”, „Lucian Blaga” University of Sibiu, Romania

Jurnalul de Studii Juridice, 2014, vol. 3-4, 61-87

Abstract: Law No. 95/2006 regulates the civil liability of the medical staff, providers of services, materials and medical devices. As for injuries, the reference law remains the civil law. The inviolability and unavailability of the human body are the two principles governing the reparation of damages and are found in the regulations covering the field of health. The classification of damages resulted from injuries inflicted upon the physical integrity of a person distinguishes between bodily injuries (injuries caused to victims directly) and indirect damages, suffered by the persons close to the victim (in case of the victim's death or even survival). This study focuses solely on the damages suffered by the patient, as direct victim. The principles of damage reparation within the medical field are the full reparation and the in natura reparation. The medical acts that cause damages bring about the economic reparation (for example medical expenses) and also moral damages – such as pretium doloris, pretium juventutis, pretium pulchritudinis, prix de la beaute etc. The first cause of direct bodily injuries (cause mentioned in the healthcare reform law) is the medical error or malpractice, in the shape of negligence, imprudence or incompetence of the medical staff. Damage can also ensue from revealing medical secrets, the violation of the obligation to inform and the failure to provide the compulsory medical care.

Keywords: damage; medical field; civil liability; unavailability of the human body (search for similar items in EconPapers)
JEL-codes: A23 K10 (search for similar items in EconPapers)
Date: 2014
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