The mediation in the medical malpraxis

• Author: Laura-Dumitrana Rath-Bosca - Mariana-Mihaela Marinescu - Ovidiu Teofil Roman - Mihai Octavian Botea
• Position: Law and Economics Faculty, Social Sciences Department Agora University of Oradea, Oradea, Romania - University of Oradea, D.P.P.D. department - Clinical Recovery Hospital Baile Felix Student of Faculty of Medicine and Pharmacy University of Oradea - University of Oradea Faculty of medicine and pharmacy
• Pages: 1-9

AGORA International Journal of Juridical Sciences, http://univagora.ro/jour/index.php/aijjs

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

No. 1 (2016), pp. 1-9

1

THE MEDIATION IN THE MEDICAL MALPRAXIS

L.D. Rath Boșca, M.M. Marinescu, O.T. Roman, M.O. Botea

Laura-Dumitrana Rath - Boşca

Law and Economics Faculty, Social Sciences Department

Agora University of Oradea, Oradea, Romania

*Correspondence: Laura-Dumitrana Rath - Boşca, Agora University of Oradea,

8 Piaţa Tineretului St., Oradea, Romania

E-mail: dumitra1970@yahoo.com

Mariana-Mihaela Marinescu

University of Oradea, D.P.P.D. department

E-mail: marinescum54@yahoo.com

Ovidiu Teofil Roman

Clinical Recovery Hospital Băile Felix

Student of Faculty of Medicine and Pharmacy

University of Oradea

E-mail: romanovidiu22@yahoo.com

Mihai Octavian Botea

University of Oradea

Faculty of medicine and pharmacy

E-mail: drmob78@yahoo.com

Abstract

The conflict has been defined over time in many forms. Dispute, disagreement, fight,

litigation, divergence are common terms that we hear every day and that talk about the

existence of conflict situations. When there is a clash of interests, concepts or egos of people,

we are dealing with a conflict.

The medical malpraxis is a topic that throughout the last years has raised many

controversies.

Keywords: malpraxis, law, mediation, measures, justice, victim, controversies,

insurance company, doctor,

Introduction

The malpraxis complain is undoubtly the worst accusation which can be addressed to

healthcare staff which is working in the health protection and public health promotion. This is

why is a sensible subject for the medical staff, although, is quite important to specify that in

our country were very few people being found guilty for malpraxis.

The medical malpraxis is a topic that throughout the last years has raised many

controversies. Obviously we are dealing with many parties involved in these controversies.

One side is certainly represented by the medical staff which is complaining on the

environment where they have to exert their work, sometimes with doubtful gear or short staff.

Even more, often being harassed by many criminal complaints and being continuously

under the public opinion collimator and not the least under prosecutors’ attention as possible

law breakers.

On the other side are positioned the patients which are more and more unsatisfied by

the way they are treated in this medical system. These patients are criticizing the slowness or,