Medical malpractice regulation. Civil, administrative, and criminal liability

Abstract

The evolution of the modern Romanian society reveals an increasing trend as to the liability for medical malpractice, which in correlation with recent amendments of relevant legislation should make healthcare professionals increase their awareness in this matter. In the analysis below, malpractice was defined from a theoretical and practical perspective, and approached from its potential consequences. As liability for malpractice could be variable subject to the nature and importance of the damages incurred, the analysis herein describes the civil, administrative, and criminal liability in general, as well as the main causes for the occurrence of malpractice (e.g. professional errors, lack of information and consent of the patients, reuse of single-use medical devices, etc.). Furthermore, a few recommendations have been further provided in order to eliminate or diminish malpractice from the healthcare professionals and medical institutions day-to-day activity.

Keywords: confidentiality; consent; damages; information; liability; malpractice; medical devices; reuse.