Medical Malpractice - Between Civil and Criminal Liability

Abstract

Our study focuses on national and international regulations regarding medical malpractice. The analysis of the concept of malpractice reveals a necessity of unifying Romania’s healthcare legislation, as it contains multiple terminological contradictions. The current legal framework insufficiently regulates the rights and obligations that define the legal relationship between the medic and the patient. Medical malpractice can result in different types of liability. For civil liability to be engaged, an illicit act, a material or moral damage, a causal link between the two, and the guilt of the medical service provider must be identified. Criminal liability arises when the illicit act causing the damage is a crime, and it can coexist alongside civil liability.