medical malpractice | Penalmente Relevant

Condiția existenței vinovăției în angajarea răspunderii juridice a medicului

Autor: Ionuț VIDA-SIMITI
Publicat în: Revista Dreptul nr. 10/2019
Revistă disponibilă online: aici
Condition of the existence of guilt in engaging the legal liability of the physician
Abstract: The need to analyze the condition of guilt in engaging the legal liability of the physician does not result only from the ECHR Judgment in Ioniță Case, which ruled that the physician’s liability itself is based on the notion of medical negligence, but especially because of its specific aspects. According to recent practice, the intensity of medical guilt in the degree of culpa levissima is able [vezi tot]

Vizualizări 280

The safety measure of prohibiting to exercise a profession, imposed by the court in case of mal praxis, may envisage the profession of doctor in the wider sense (as a whole) or only the specialty that occasioned the committing of the offence provided in the criminal law

Autor: Traian DIMA, Adrian HĂRĂTĂU
Publicat în: Challenges of the Knowledge Society, 2018
Disponibil online: aici.
Abstract: The present paper examines the possibility for the courts of law to order, in case of medical malpractice, the safety measure of prohibiting to exercise the profession of doctor in the wider sense, or only the specialty that occasioned the committing of the offence provided in the criminal law, analyzing the judicial practice regarding this issue. In accordance with Article 450 paragraph (2) of Law no. 95/2006, “disciplinary liability of doctors does not exclude criminal, tort or civil liability”. Between the [vezi tot]

Vizualizări 174

Căutare avansată

Condiția existenței vinovăției în angajarea răspunderii juridice a medicului

The safety measure of prohibiting to exercise a profession, imposed by the court in case of mal praxis, may envisage the profession of doctor in the wider sense (as a whole) or only the specialty that occasioned the committing of the offence provided in the criminal law