Summary:
Rationae materiae of the current research consists the causal link between a medical negligence and the procured damage of the health of the patient or its death. Particularly, in medical liability, the existence of the causal link is usually presented as uncertain, due to the interference of various causes in the causal path, created by a medical negligence. Those causes may be connected to energies executed by other health care practitioners, to the pathological situation of the patient or even its negligent behavior. Therefore, it is not always possible to define the limits of medical liability· civil and penal. This explains the incapacity of the classic theories, regarding the causal link, to locate the exact cause, which provoked the damaging result. Hence, the theory attempts to fulfill the created gap, through particulars theoretical constructions and with reference to fundamental judicial principles, in order to provide all those methodological tools, which will assist the judge to its difficult mission of searching the truth.
Keywords:
Causal link, medical liability, civil liability, civil and medical law
