The evolution of technology and the advancement of medical science have helped the building of extremely efficient medical tools and more precise treatments. The medical staff, especially doctors, are held accountable for the patient’s wellbeing: they must make decisions based on the best outcome for their patient.
Medical malpractice occurs when a hospital, doctor, or other health care professional, through a negligent act or omission, causes an injury (it can be emotional, physical, or financial) to a patient. The damage must be caused by a negligent/wrong act in order for the case to be considered medical malpractice.
What is considered a negligent act? It can take many forms, however, most often it refers to a wrong diagnosis, improper treatment, lack of intervention, etc.
In order for the doctor to be held legally liable for making these types of mistakes, it’s necessary for the faulty medical act to cause a prejudice to the patient, specifically, an injury to the physical and mental health or to the bodily integrity of the patient. In practice, most commonly encountered medical mistakes, out of negligence, are committed in the post-surgery surveillance of the patient.
According to the Romanian law (Law no. 46 from 2003), a healthy or sick person that makes use of medical services in any way is called a patient. A patient is granted the following rights:
Failing to comply with the patient’s rights can bring charges of medical malpractice. Some examples include: not respecting a patient’s privacy, not informing the patient, exceeding one’s medical competencies when caring for the patient, unauthorized practice, refusal to allow the patient access to their medical files, discrimination against patients, abandonment of the patient, refusal to provide medical services.
Are you a victim of a medical malpractice case? Get in touch with us and receive a free consultation.
If you suspect you or your loved one has suffered unnecessarily, you can:
Obtain your medical records. Patients have a right to obtain and review their own medical records from the medical unit they have been treated at. In those records, the actions, or inactions of the medical team, as well as your symptoms, will be documented to offer a clear view of how the situation unfolded. In order to obtain these documents, you must make an application in writing to the medical unit – we recommend the writing of two applications, one of which will be kept by you as a proof for the request.
Besides the medical staff (doctors, nurses), there are four more entities that can be held responsible:
It might be difficult to establish if we, or someone we care for was the victim of a medical malpractice case. The evolution of technology and modern medical practices have led to the improvement of treatments and medical practice in order to assure the healing of the patient, but sometimes the negative result cannot be avoided. More so, not all the unpleasant consequences are caused due to negligence. Unfortunately, there are many situations in which the actions of medical staff (or the lack of them) lead to the harm, or even death of the patient, and in these situations the guilty must be held accountable. According to the law, the victim of a medical error has the right to obtain material and moral compensation for the damages they suffered. In order to be compensated, the injured party must formulate a civil action or a criminal complaint against the doctor that made the mistake. In court it must be proven – with the help of the forensic expertise – that the mistake of the doctor cause the patient’s injury.
There are a few exceptions when the medical workers can’t be held responsible for malpractice even though the patient has sustained any kind of damage. It is not considered a case of malpractice if:
Legal assistance for the victims
Our office formulates for the victims petitions to start lawsuits and criminal complaints against the liable doctors or hospitals, assists and represents the victims of medical malpractice in civil and criminal lawsuits, in order to obtain the just damages.
Legal advice for doctors
We offer legal assistance in civil and criminal lawsuits to doctors and dentist that are accused of making some mistakes during the exercise of the medical profession. We also offer preventive legal advice in order to protect them from possible medical malpractice lawsuits.
Legal advice for private medical units
We offer continuous preventive legal consultancy to hospitals and private clinics, for the protection of the juridical person, as well as for the collaborator medical staff or employees, also services of representation in civil and criminal lawsuits started by the clinic’s patients.