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MALPRACTICE AND PROFESSIONAL LIABILITY OF MEDICAL PERSONNEL

SILVIU PIȚURU, SIMONA VLĂDĂREANU^*, SILVIU PĂUN, ANDREI NANU

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The goal of this paper was to identify the legal framework defining the requirements and limits of the professional liability of medical personnel, when confronted with malpractice accusations, and the payment risk management mechanisms regarding indemnities granted to injured patients. The professional liability of medical personnel has its recognizable causes both in the scientific/technical component of the medical and pharmaceutical practice as well as in the ethical component. The main payment risk management mechanism regarding indemnities granted to injured patients following malpractice cases is the professional liability insurance for medical personnel (“malpractice insurance”). However, several mandatory requirements are necessary for this mechanism in order to achieve its legal role, as specified above. The correct identification of the requirements and limitations regarding the legal liability of medical personnel and the prevention and management methods for this risk are a necessity in order to align medical and pharmaceutical practice to the applicable legal requirements and quality standards.