Opinions on medical malpraxis insurance, considering the actual legal provisions and the proposals of changing the actual health law

• Author: Oana-Elena Galateanu
• Position: Faculty of Juridical, Social and Political Sciences, Juridical Sciences Department, 'Dunarea de Jos' University, Galati, Romania
• Pages: 54-59

AGORA International Journal of Juridical Sciences, www.juridicalj ournal.univagora.ro

ISSN 1843-570X, E-ISSN 2067-7677

No. 2 (2012), pp. 54-59

54

OPINIONS ON MEDICAL MALPRAXIS INSURANCE, CONSIDERING

THE ACTUAL LEGAL PROVISIONS AND THE PROPOSALS OF

CHANGING THE ACTUAL HEALTH LAW

O. E. Gleanu

Oana-Elena Gleanu

Faculty of Juridical, Social and Political Sciences, Juridical Sciences Department

“Dunarea de Jos” University, Galati, Romania

*Correspondence: Oana Elena Gleanu, “Dunarea de Jos” University,

111 Domneasca Street, Galati, Romania

E-mail: Oana.Galateanu@ugal.ro

Abstract

This study has as object a juridical problem quite controversial, namely: the legal

framework regarding malpraxis insurances in medical domain and the way in which they are

actually applied. The study regards both the juridical framework existing at present in this

domain, and the legislative proposals that were outlined for improving the actual legislation.

The author of this study presents also a series of personal opinions regarding this

problem of medical malpraxis insurances and the changes that should be performed so that

the purpose of these insurances to be achieved.

Key words: insurance, medical domain, fault, physicians

Introduction

In the social life, there are certain categories of professions for which the Romanian

legislator provided the necessity to compulsorily conclude liability insurances, by the persons

that perform them. It is about those professional civil liability insurances and the persons that

are forced to conclude them are the ones that perform interesting and complicated

professions such as: physicians, technical experts, lawyers, accountants, architects, building

contractors, evaluators, etc.

We mention that these professions, although beautiful, are quite complicated, implying

a series of risks and great responsibility for those that perform them. We consider that this is

the reason for which the legislator considered as being absolutely necessary to conclude

some mandatory professional civil liability insurances for the persons that perform them, in

order to be covered for these risks. Accordingly, in our opinion, it was desired to protect the

practice of the profession of the persons concerned and, at the same time, also the protection

of the persons that could be somehow injured by this practice. Through these types of

insurances, it is desired to fulfill a social protection role. They have the role to protect the

person insured – physical or juridical – as against the prejudices that might be produced to

some third parties following to practicing some professions, as well as to guarantee covering

those damages brought to third parties through this practice.

From Law no. 95/2006 regarding the reform in health domain, it indirectly results the

compulsoriness to conclude medical malpraxis insurances by the entire medical personnel. At

the same time, in Order no. 346 as of 8

th

August 2006 for approving the Norms regarding

establishing the insurance limits for the suppliers that enter into contractual relations with

Health Insurance Houses, it is presented in Annex 1 that the civil liability insurance in

medical domain is mandatory for all providers of medical services, medical appliances and