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The Role Of Medico-Legal Expertise In Cases Of Medical Malpractice. Elements Of Malpractice Viewed From A Medico-Legal Point Of View From The Lawyers Perspective

Author

Listed:
  • Dan PERJU-DUMBRAVĂ
  • Carmen Corina RADU*
  • Alexandru CORDOȘ
  • Michael Ewald SCHÜRGER
  • Andrei-Vlad MATE

Abstract

Malpractice is a matter of public debate in Romania, both in the medical and in the legal environment, due to patients' lack of knowledge of their rights and the ambiguity of a concise and well-developed legal framework. Malpractice is regulated by art. 642 of Law no. 95/2006 on “Civil liability of medical personnel”. In 2017 the Superior Council of Forensic Medicine approved Norms regarding the participation of the recommended expert in the medico-legal works, giving a legal frame work for some forensic doctors to asses in order to provide more evidence for the courts. Patient advocates are most often addressed in cases involving surgical specialties, most commonly gynecology or plastic surgery. The expert has at his disposal a whole medical and legal informational arsenal, which allows him to identify very quickly and accurately any medical faults. The New Code of Criminal Procedure, in art. 173 and art. 177 disposes of the elements by which the appointment of the expert is made.

Suggested Citation

  • Dan PERJU-DUMBRAVĂ & Carmen Corina RADU* & Alexandru CORDOȘ & Michael Ewald SCHÜRGER & Andrei-Vlad MATE, 2022. "The Role Of Medico-Legal Expertise In Cases Of Medical Malpractice. Elements Of Malpractice Viewed From A Medico-Legal Point Of View From The Lawyers Perspective," FIAT IUSTITIA, Dimitrie Cantemir Faculty of Law Cluj Napoca, Romania, vol. 16(2), pages 52-58, May.
    • Handle: RePEc:dcu:journl:v:16:y:2022:i:2:p:52-58
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    More about this item

    Keywords

    malpractice; civil law; foresnics;
    All these keywords.

    JEL classification:

    • K14 - Law and Economics - - Basic Areas of Law - - - Criminal Law

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