The legal liability, malpraxis and the deontological liability in the medical practice

• Author: Camelia Buhas - Gabriel Mihalache - Carmen Radu - Tasnade Gabriela
• Position: Unversity of Oradea, Faculty of Medicine and Pharmacy
• Pages: 37-41

THE LEGAL LIABILITY, MALPRAXIS AND THE DEONTOLOGICAL

LIABILITY IN THE MEDICAL PRACTICE

Ph.D Lecturer Camelia Buhas

Unversity of Oradea,

Faculty of Medicine and Pharmacy,

cameliabuhas@yahoo.com

Ph.D Gabriel Mihalache

Unversity of Oradea,

Faculty of Medicine and Pharmacy,

Ph.D Carmen Radu

Unversity of Oradea,

Faculty of Medicine and Pharmacy,

Gabriela Tăşnade, Lawyer

Abstract: The authors start their study giving the definition of legal liability, deontological

liability and malpraxis. After that they define the notions that result from it: accident, incident,

fault, error. In the end, the authors show the objectivity of a forensic medical expertise that can

confirm or, by case, infirm, the presence of a malpraxis.

Key words: malpraxis, legal liability, deontological liability, forensic doctor, damages

The medical activity is a very complex activity that involves not only a serious preparation,

information and continuous improvement, and also a correct application of the acquired knowledge,

but also liability for the activity that was done.

In this debate, we try to mark the limits between the deontological liability, malpraxis and the legal

medical liability, starting from the information presented above.

For a better understanding, we thing that it is helpful to answer to some questions such as: What is

the medical ethic? What is the medical deontology? What is the medical liability? What is the

malpraxis? When do we have medical error? When do we have culpability? What is the civil

liability in the medical field? What about the penal one? What point can we extend the

deontological liability to and where does the legal liability of a doctor start from?

We are beginning by defining the ethic as being the science that studies the theoretical and practical

matters of moral. The term deontology, being the moral of a profession, was first introduced in this

field by the British philosopher I. Bentham.

The moral-behaviour rules have existed in the medical field from the ancient times and they

have become medical deontology in time. This fair practice is used in the patient - doctor relation

and also in the doctor-society relation.

The definition regarding the liability can be defined as being a reaction to a social deed that

the society condemns. The medical liability results from the peculiarities of the medical profession

and also from the unforeseeable and irreversible development of the medical act.

It is of great importance to mark the differences between the moral (deontological) liability and the

penal one in the medical practice.

The public opinion and the professional conscience are going to sanction the moral

deviation of the doctor. The Medical Board is the one that usually analyses such deviation, solving

the problem according the rules of this institution. This institution only sanctions the deviations that

have broken the moral medical rules; the legal deviations are being sanctioned by the competent

institutions (Police, Prosecutor’s Department). When according to the law there is the possibility of

using the constraint of the state we deal with the legal medical liability.

According to the legal standard that has been broken, the legal liability can be:

1. Administrative liability (involves disciplinary and civil penalties)