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Legal considerations related to the provisions of Decision 884/2004 on the concession of premises for medical practices in relation to the Administrative Code and court practice

According to Article 2 of Decision 884/2004, the concession of the buildings in which the medical offices set up according to OG 124/1998 operate is made without public tender and according to the provisions of this decision. According to OG 124/1998, medical offices may be set up in existing medical dispensaries, polyclinics or other premises provided by the local/central public authority or in premises...

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Informed consent - An essential aspect of the doctor-patient relationship

An important aspect of the doctor-patient relationship is informed consent. The ECHR has established that patients have the right to adequate and full information about their medical treatment, risks and alternative treatments. Moreover, ECHR case law is convergent in the sense that States Parties are obliged to adopt regulatory measures to ensure...

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Obligation of the Ministry of Health to pay jointly and severally with the healthcare provider moral damages in the case of nosocomial infections

In a recent decision, the High Court of Cassation and Justice has established that the Ministry of Health has passive legal standing and will be liable for the payment of moral damages jointly and severally with the healthcare provider under the conditions of tort liability. Legal standing means the title or manner in which a person participates in a particular relationship...

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Termination of the Doctor-Patient Relationship: Reasons and Legal Consequences

The termination of the doctor-patient relationship is a complex process that must be managed responsibly in accordance with the relevant legal provisions. The doctor has an obligation to provide healthcare and/or medical care to a person whom he/she has previously accepted as a patient. The criteria for accepting a person as a patient are regulated and relate to the competences of the doctor...

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The right of insured persons to benefit from the settlement of services provided by non-contractual providers

I am pointing out a legal situation that has received legal clearance in practice. Yet the health insurance fund refuses to take account of case law and does not reimburse insured persons for the costs they incur for medical services provided by providers who are not in a contractual relationship with the health insurance fund. The rule is that...

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