Malpractice in Romania

Failure to adhere to professional conduct rules, especially in medical professions, can lead to legal disputes where professionals are held accountable for damages caused by medical errors.

The Blaj Law team of lawyers in Romania provides legal consultation on compensation claims for physical and psychological harm caused by medical negligence, as well as defense strategies for healthcare professionals.

Understanding Medical Malpractice in Romania

According to Article 635(1)(b) of the Health Law, malpractice is defined as:
“A professional error committed in the performance of medical or pharmaceutical acts that causes harm to the patient, leading to the civil liability of the medical personnel and healthcare service providers.”

A medical error represents a deviation from standard professional medical conduct. It occurs when a healthcare provider acts in a manner that another professional with the same training and specialization would not have followed in similar clinical circumstances. In short, malpractice occurs when a medical professional fails to adhere to the established standards of care in prevention, diagnosis, or treatment.

Whether you are a patient or a medical professional, our Blaj Law team will first assess if there is a discrepancy between the actual conduct and the ideal standard of medical practice to determine the best legal strategy for your case.

Failure to Meet Professional Obligations, Including Confidentiality and Informed Consent in Romania

Medical professionals must comply with legal obligations designed to uphold the integrity of healthcare services and ensure patient safety.

Confidentiality protects a patient’s privacy and ensures that their medical information remains undisclosed. Physicians are required to maintain professional secrecy, even from the patient’s family members.

Unauthorized disclosure of confidential information may constitute a criminal offense under Article 227 of the Criminal Code:
“The unauthorized disclosure of personal data or private information, which causes harm to an individual and was obtained through professional duties, is punishable by imprisonment of 3 months to 3 years or a fine.”

Furthermore, informed consent is required for any medical intervention. The duty to inform involves providing patients with comprehensive details about their diagnosis, treatment options, risks, and potential outcomes. According to Article 660(3) of the Health Law:
“The information must include the diagnosis, the nature and purpose of the treatment, risks and consequences, alternative treatments, and the prognosis without treatment.”

In emergency situations where informed consent cannot be obtained, medical professionals may proceed with essential medical interventions in the patient’s best interest.

Medical Negligence and Liability in Romania

Healthcare providers must take all necessary precautions to fulfill their duty of preserving life, health, and physical and psychological integrity.

While medical practice inherently involves risks, negligence occurs when a professional fails to meet the expected standard of care, resulting in long-term harm to the patient. Our lawyers in Romania specializing in medical malpractice conduct thorough case evaluations to determine liability, whether you are a patient or a medical professional.

Compensation for Aesthetic, Physical, and Psychological Damages in Romania

Any individual who suffers harm due to medical negligence has the right to seek compensation for aesthetic, physical, or psychological damages.

Damages refer to injuries resulting from the violation of a person’s rights or legal interests. When medical malpractice is established, courts determine compensation based on the extent of the harm suffered. Compensation is granted when there is a direct causal link between the medical error and the resulting injury.

However, medical professionals cannot be held liable for damages caused by external factors, such as inadequate working conditions, insufficient medical equipment, nosocomial infections, recognized treatment risks, or defective medical devices.

Additionally, liability does not apply when healthcare professionals act in good faith in emergency situations, following the scope of their medical competence.

Representation Before the Medical College in Romania

Our specialized legal team at Blaj Law can represent you in proceedings before the Medical College. Complaints against medical professionals must be submitted to the Medical College where the practitioner is registered and must include:

• Petitioner’s name, address, and status;
• Medical professional’s name and workplace;
• Detailed description of the alleged incident and date;
• Extent of the harm caused to the patient;
• Petitioner’s signature.

If the complaint is dismissed, the petitioner has the right to challenge the decision before the relevant Medical College.

A clear and detailed account of the medical error and its impact is crucial for a successful complaint. Our legal team can assist you in drafting and filing complaints with the Medical College and guiding you through the entire procedure.

Medical Malpractice Review by the Monitoring Commission in Romania

At the county level, malpractice cases are reviewed by the Commission for Monitoring and Professional Competence for malpractice cases.

The Commission can be notified by:

• Individuals who believe they are victims of medical malpractice in prevention, diagnosis, or treatment.
• Successors of deceased individuals whose death is attributable to malpractice.

The Commission’s decision is communicated to all parties involved, including the insurer. Parties may contest the decision within 15 days at the Civil Section of the territorial tribunal where the malpractice incident occurred.

Malpractice-related claims must be filed within 3 years from the date of the incident unless the case qualifies as a criminal offense.

Legal Representation in Medical Malpractice Litigation in Romania

Our primary goal is to protect your rights if you are involved in a malpractice lawsuit.

Medical malpractice refers to professional errors that cause harm to a patient and involve civil liability for medical personnel and healthcare providers.

Depending on the case, our lawyers will guide you through filing a claim, identifying circumstances that may exclude liability, and exploring settlement options if litigation is not the preferred course of action.

Additionally, malpractice cases often involve disputes with medical liability insurers. These insurers are responsible for compensating malpractice victims for damages caused by the insured medical professionals, including legal expenses.

Why Choose Blaj Law?

Blaj Law provides legal representation and consultancy for both patients and medical professionals, ensuring tailored legal strategies that protect your interests.

Contact us today for legal support in medical malpractice cases: Blaj Law – Medical Malpractice Lawyers.