MALPRAXIS IN MEDICAL PROFESSION – SETTLEMENT AND CONTROVERSY
Abstract:
The malpraxis is defined as “the professional
error committed while medical or medical –
pharmaceutical practicing, causing prejudices to the
patient, implying the civil liability of both the medical
staff and the provider of medical, sanitary and
pharmaceutical products and services”. Commissions of
monitoring and professional competence have been
created by the public health authority in order to
investigate the malpraxis cases that can be reported by
the patients who consider themselves as being victims of
such events, that can be imputed to an activity of
prevention, diagnosis and treatment. Unfortunately, the
duties and competencies of the Malpraxis Commission
are not clearly stated, superposing the attributions of
other institutions that are sanctioning the professional
infringement. Since the occurrence of the legislative
regulation regarding the medical malpraxis, there have
been multiple attempts of systemizing those regulations,
nonetheless due to the numerous dysfunctionalities
occurring during the development of not always very
clear procedures, neither for the patient, nor for the
medical doctor.
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