Lexploria - Legal research enhanced by smart algorithms
Lexploria beta Legal research enhanced by smart algorithms
Menu
Browsing history:

MĂRCIULESCU v. ROMANIA

Doc ref: 15297/17 • ECHR ID: 001-184195

Document date: June 1, 2018

  • Inbound citations: 0
  • Cited paragraphs: 0
  • Outbound citations: 1

MĂRCIULESCU v. ROMANIA

Doc ref: 15297/17 • ECHR ID: 001-184195

Document date: June 1, 2018

Cited paragraphs only

Communicated on 1 June 2018

FOURTH SECTION

Application no. 15297/17 Camelia-Roxana MĂRCIULESCU against Romania lodged on 17 February 2017

SUBJECT MATTER OF THE CASE

The application concerns a criminal complaint for serious bodily injury of her baby lodged by the applicant on 22 April 2009 against the doctors who assisted her when giving birth. The applicant alleged that the doctors ’ medical negligence caused her new-born a severe physical and mental disability. After a long suffering the child passed away on 28 June 2016.

The case is still pending with the prosecutor ’ s office.

The case raises an issue under the procedural limb of Article 2 of the Convention.

QUESTIONS tO THE PARTIES

1. Was the applicant ’ s son ’ s right to life, guaranteed by Article 2 of the Convention, violated in the present case?

2. Having regard to the procedural protection for the right to life was the inquiry in the present case by the domestic authorities into the alleged medical malpractice in breach of Article 2 of the Convention (see Ioniță v. Romania , no. 81270/12, 10 January 2017) ?

© European Union, https://eur-lex.europa.eu, 1998 - 2026

LEXI

Lexploria AI Legal Assistant

Active Products: EUCJ + ECHR Data Package + Citation Analytics • Documents in DB: 401132 • Paragraphs parsed: 45279850 • Citations processed 3468846