Scurt examen jurisprudenţial în materia răspunderii civile medicale

Rezumat

This article aims to present, by referring to the legal notions and the way in which they have been illustrated in the practice of the courts, some benchmarks on medical civil liability. The presented decisions analyze the legal nature of the obligations of the medical staff, the consequences of the medical act performed in violation of the professional obligations, the content of the legal relationship born through the prejudicial deed, the causes that remove the liability. Issues of prior administrative procedure before the Monitoring and Jurisdiction Commission for malpractice cases are also addressed, as well as procedural issues related to the jurisdiction of the courts, the burden of proof and the means of proof.