2013

THE CRIMINAL CONSEQUENCES OF MEDICAL MALPRACTICE - Măieț Alexandra – Corina
ABSTRACT: This paper observes the medical fault in relation to criminal liability for malpractice. The method for establishing a case of medical malpractice is in close connection to the duty of care. Therefore, the doctor’s behavior shall be analyzed using a model-agent derived from generally accepted medical practices corroborated with criteria like age, specialization or experience.

Crimes like involuntary manslaughter or bodily injury present certain characteristics if the active subjects of the crimes belong to the medical field. Because of this, de lege ferenda, more detailed provisions regarding the consequences of malpractice in the field of criminal law are required.

Keywords: malpractice, duty of care, hospital liability, involuntary manslaughter, bodily injury

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