Malpractice

Failure to comply with the rules of conduct for the exercise of certain professions, particularly the medical professions, may give rise to litigation seeking to hold the professional liable for damage caused in the performance of medical acts.

The Blaj Law team advises on possible compensation for physical and mental injuries caused by the negligence of responsible persons, but also on the defense of the rights of medical staff by providing advice on:

Failure to comply with professional obligations, including confidentiality or the duty to inform.

The content of a healthcare professional’s work also involves compliance with certain obligations laid down by law, designed to protect the quality of medical activity and patient safety.

Professional secrecy aims to protect the privacy of patients who have a right to the confidentiality of medical care. The doctor will maintain professional secrecy and act with respect for the patient’s privacy regarding information concerning his/her health. The doctor’s obligation of professional secrecy must also be respected by the family members of the person concerned.

Disclosure of confidential information may also meet the constitutive elements of the offense covered by Article 227 of the Criminal Code, namely Disclosure of professional secrecy.

Informed consent is required for any medical intervention. The duty to inform involves communicating to the patient any information about the diagnosis and treatment, i.e., its risks and benefits. However, when appropriate consent cannot be obtained in an emergency, any medically necessary intervention for the health of the person concerned may be carried out immediately.

Negligence in the performance of medical care.

Medical professionals must make every effort to fulfill the purpose and role of the medical profession, which is dedicated to the protection of life, health, and the physical and mental integrity of human beings.

The medical activity presents a certain degree of risk that must be distinguished from possible negligence in medical acts that generate long-term consequences for patients. This is why we carry out a thorough and expert assessment of the situation of each person who asks us for help in this area, whether a medical professional or a patient.

Obtaining compensation for aesthetic, physical, and psychological damage.

Any person can take legal action against those responsible in an unfortunate situation where a medical act has caused aesthetic, physical, or mental harm.

The concept of damage refers to harm that is the consequence of the violation of a person’s legitimate rights and interests. In the presence of punishable medical conduct, patients may obtain compensation to be determined by the court concerning the extent of the damage. Obtaining compensation is possible when a causal link can be identified between the medical error and the damage caused.

Representation in proceedings before the College of Physicians.

The Blaj Law team includes lawyers specialized in medical law, with the possibility to represent you in proceedings before the College of Physicians.

Complaints against a health professional are addressed to the college of which he or she is a member. The complaint must contain the following elements:

• surname, forename, address, and capacity of the complainant;
• the name, surname, and place of work of the doctor against whom the complaint is made;
• description of the act and indication of the date when it took place;
• the harm created to the patient;
• signature of the petitioner.

The description of the fact and the presentation in the most precise possible way of the extent of the physical and moral damage caused to the patient are the most essential components of the complaint, which is why we can assist you in the formulation of complaints and claims to the College of Physicians, as well as during the entire procedure.

Representation in malpractice litigation.

Our main objective is to defend your rights if you are involved in a malpractice dispute.

Malpractice is the professional error committed in the exercise of the medical or medical-pharmaceutical act, causing harm to the patient, involving the civil liability of medical staff and the provider of medical, health, and pharmaceutical products and services.

Depending on your specific case, we will show you all the aspects necessary to make a claim, the situations that exclude civil, criminal, or disciplinary liability, as well as information on how to settle if going to court is not an option you want to pursue.