LEGAL PROVISIONS TENDENCIES OF MALPRACTICE AND MEDICAL LIABILITY REGARDING THE COVID-19 PANDEMIC

ABSTRACT

COVID-19 continues to be both a major medical problem and a real ethical and forensic issue, profoundly affecting both patients and health services around the world. This pandemic has produced major changes in the provision of healthcare, especially in patients with chronic conditions. The consequence has been the deviation in some medical situations from the medical guidelines and protocols in force with forensic risks for clinicians. When the criteria of professional competence are met, the civil liability ensures a protection of the health workers. Disputes can arise when there are doubts about how the medical activity was performed in safe conditions for patients, when local care decisions were made or when there are no nationally validated guidelines. In conclusion, clarifying legal concepts on the public health crisis, developing a legislative framework and appropriate means to combat it, are important desideratum on more judicious management of a crisis situation.