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Responsibility and liability in health care


Author: Gulian Mariana
Degree:doctor of law
Speciality: 12.00.01 - General Theory of Law, History of State and Law, History of Political and Law Doctrines
Year:2017
Scientific adviser: Dumitru Baltaga
doctor habilitat, professor, Free International University of Moldova
Institution: Free International University of Moldova

Status

The thesis was presented on the 11 March, 2017
Approved by NCAA on the 31 May, 2017

Abstract

Adobe PDF document – 1.13 Mb / in romanian

Thesis

CZU 340.13:61(043.3)

Adobe PDF document 1.76 Mb / in romanian
191 pages

Keywords

legal responsibility, legal liability, healthcare, health rights, private institution, public institution, medical personnel, patient

Summary

The structure of the thesis: The paper contains the introduction, three chapters followed by conclusions and recommendations, bibliography of 235 sources, 3 annexes, 162 basic text pages. The results obtained are published in 9 scientific studies; the total volume of publications on the subject is about 3.67c.s.

Field of study: General Theory of Law.

Purpose and objectives: complex and multilateral research of legal concept of responsibility and liability in health care, by determining the content, the essence, and its constituents, to formulate recommendations on improving the social, legal and regulatory framework of the Republic of Moldova. The objectives are: Identification and analysis of the doctrine on the responsibility and liability in health care; Determining the degree of regulatory responsibility and legal liability in health care; Determination of legal responsibility concept in health care; Scientific classification of the correlation between responsibility and liability in health care; Identification basis, conditions and forms of legal liability in health care; Defining the categories of subjects of legal liability in health care; legal liability importance of research subjects in health care; Theoretical formulation of conclusions and recommendations aimed at evaluating and completing the legal responsibility in health care.

The scientific novelty and originality: is determined by the purpose and objectives derived from the approach to the problem, the nature of the goal. For the first time from the standpoint of general theory of law provides a comparative analysis of the emergence and development of the legal responsibility for health in the Republic of Moldova, its role and place in contemporary society.

Scientific problem solved: is to create a legal liability concept in the health sector from the point of view of the general theory of law, the analysis and identification of the theoretical and practical aspects of research and development of tools for the identification and scientific substantiation of reasons, purposes, conditions and forms of legal liability in the field of healthcare.

Theoretical value: lies in the definition of legal responsibility and liability in health care, determination of the concept of subject of legal responsibility and accountability in this field and explain the basis, conditions and forms of legal liability in the field of healthcare.

Practical value of the work: Scientific ideas and conclusions contained in the thesis can be used in theoretical and doctrinal level, as starting material for a deeper approach to the phenomena of legal responsibility and legal liability; in the didactical process - teaching general theory of law, constitutional law, civil, criminal, administrative, labor, criminal procedure and civil procedure and the development and teaching a special course „Legal protection of the human right to health”

Implementation of scientific results. The results of the research, the theoretical conclusions and the practical recommendations can be used in the improvement and enrichment of the national doctrine because the deficiencies that are occurring in the process of resolving legal issues liability related to health care cannot be overcome without theoretical conceptualization of the general principles.