The Legal Extent of Malpractice in Romania. A Glance

ABSTRACT: This article aims to focus on the phenomenon of malpractice with its causes, conditions and causality, as well as how it is regulated from the legal perspective. The aim is to take into account the causes that can lead to errors occurring in the exercise of a profession, to deepen the idea of accountability of the professional causing harm, to establish possible solutions for avoiding malpractice events. In the first instance, the concept of malpractice was analyzed and subsequently, following the documentary analysis, taking into consideration that the casuistic and specialized literature are focused on the medical field, this route was taken by focusing on this sphere of interest. It is a reality that, not long ago, the malpractice lawsuits were practically non-existent, but with the passage of time their number has most definitely increased. Thus, a first question to which I wanted to find an answer is: What are the underlying causes of this phenomenon? The specialized literature refers especially to the medical field, but not so much in terms of how physicians are exercising their profession, but, rather being focused on the legal and judicial aspects of the matter, namely the ways of recovering the damages, and how the guilty professional shall be held accountable for his harmful actions. KEYWORDS: causal link, guilt, injury, malpractice, phenomenon, tor