Medical Liability in the Context of the Civil Liability “Crisis” | Lacrima Rodica BOILA
Abstract: The theme of the civil liability crisis in the conditions imposed by the modern society is one of the major issues which concern equally, the ethical-legal research of the medical care, but also the medical world. The traditional institution of civil liability, the way it has been governed by the Roman law, and then modernized by the Napoleonic Code, cannot be applied to new legal situations such as organ donation and transplantation, assisted medical reproduction, the legal protection of the human embryo and so on. Our survey aims to present some of the details of a new approach to professionals’ liability within the medical field, adapted to the problems medicine and biomedical research are currently facing.
Keywords: civil liability crisis, medical malpractice, defective products, medical negligence, warranty and risk of medical practice.
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