Medical malpractice. The malpractice insurance

AuthorRuxandra-Cristina Du?escu
PositionPhD Candidate, Faculty of Law, 'Nicolae Titulescu' University of Bucharest (email:
Ruxandra-Cristina DUȚESCU*
Increasingly, complaints about medical malpractice ocure extreme situations such as the death of the
person or the occurrence of irreparable injuries. Professional misconduct in the exercise of the medical
or medical-pha rmaceutical act generating harm to the patient implies the civil liability of medical
personnel and the provider of medical, sanitary and pharmaceutical products and services. Law no.
95/2006 on the health reform stipulates the obligation of the medical staff to conclude a malpractice
insurance for the cases of professional civil liability for the damages created by the medical act, the
indemnities being the responsibility of the insurer, within the limits of the liability established by the
insurance policy.
Keywords: medical, malpraxis, insurance, liability, sanction
1. Introduction
From the etymological point of view,
the word malpraxis defines an inappropriate
practice, being an internationalized, self-
governing word, used only in the medical
field, and currently spreading to other
professions such as lawyer, notary public,
Bailiff, etc. Also included in the explanatory
dictionary of the Romanian language, it
defines malpractice as an "improper or
negligent treatment applied by a doctor to a
patient, which causes him harm of any
nature in relation to the degree of
impairment of physical and mental
capacity." In the Romanian legal system,
any person has the duty to observe the rules
of conduct which the law or custom of the
place requires, and not to interfere with his
actions or inactions, the rig hts or legitimate
interests of others. The one who, having
discernment violate s this duty, is liable for
all the damages caused, being obliged to
repair them fully. At t he same time, the
person who contracts obligations is held to
* PhD Candidate, Faculty of Law, "Nicolae Titulescu" University of Bucharest (email:
execute them, o therwise being responsible
for the damage caused to the other party,
being obliged to rep air it. Specific
malpractice is even the existe nce of rules of
conduct imposed by the profession and the
professional body, which establish
competences and attributions in the field,
rules that are violated by the professional,
attracting his responsibility.
Professional misconduct in the
exercise of the medical or medical-
pharmaceutical act generates harm to t he
patient, involving t he responsibility of the
doctor or the medical staff. Like civil
liability, the malpractice also seeks to repair
the damage caused by committing an illicit
act in a pre-existing legal relatio nship
between a professional and a patient. Thus,
medical malpractice is i nterested in
determining who is to respond to the action
or inaction, establishing the extent of the
damage created and the limits to which the
responsible person can answer.
Title XVI of Law no. 95/2006 on
Health Reform establishes the extent of the
civil liability of medical personnel, as well

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