Mediation in Medical Malpractice - Realities and Prospects

• Author: Alexandru Boroi, Gina Negrut, Marian Serban Petrescu
• Pages: 201-207

Legal Sciences in the New Millennium

201

Mediation in Medical Malpractice - Realities and Prospects

Alexandru Boroi1, Gina Negruţ2, Marian Şerban Petrescu3

Abstract: Medical professional liability is the result of specific breaches of the medical profession, which are

contained in Law 95/2006 o n health reform. Beyond the motivation of blaming medical personnel activity,

there are many o ther aspects that may give rise to controversy in terms of medical ethics, from the informed

consent of the patient and to the need for reaching criminal responsibility and compensation in cases of

medical malpractice.

Keywords: medical profession; medical malpractice; medical practice guidelines; clinical audit; mediation

1. General Considerations on Public Health Insurance

Universal Declaration of Human Rights proclaims in article 3 “that every human being has the right to

life, liberty and security of person” and the International Covenant on Civil and Political Rights has

established in article 6 point 1 that “the right to life is inherent in the human person. This right shall be

protected by law so that no one may be deprived of his life in an arbitrary manner”. Also, in the article

25 paragraph 1 of the Universal Declaration of Human Rights, enshrined the right of every man to “a

level of living adequate for the health and welfare of him and his family, including food, clothing,

housing, medical care and necessary social services, having in the same time the right to security in

the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood as a

result of circumstances beyond his control”.

This is consecrated by the provisions of article 2 of the Convention for the Protection of Human

Rights and Fundamental Freedoms (known as Title simplified by the European Convention on Human

Rights and the Convention EC), which provides that “the right to life shall be protected by law”, thus

constituting a guarantee of compliance the fundamental right to life of every person.

From the content of the right to life enshrined in the aforementioned provisions, it appears the negative

primary obligation of signatory States to this Convention, to not affect this right by its agents that is

not to cause death to a person, except as specified situations in the second paragraph of the text

1 Professor, PhD, Titu Maiorescu University, Romania, Address: 2 2 Dâmbovnicului Str., Bucharest 040441, Romania, Tel.

+4 021 316 1646, E-mail: alexandruboroi@yahoo.com.

2 Assistant Professor, PhD Graduate, “Alexandru Ioan Cuza” Police Academy, Romania, Address: 1-3 Aleea Privighetorilor,

Bucharest 014031, Tel.:+40737 947 335, Corresponding author: ginanegrut@yahoo.com.

3PhD Graduate, Titu Maiorescu University, Bucharest, Romania, Titu M aiorescu University, Romania, Address: 22

Dâmbovnicului Str., Bucharest 040441, Romania, Tel. +4 021 316 1646, E-mail: pet_marian@yahoo.com.