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Lawyer malpraxis Porosnicu Gianina Vera Iasi

MALPRACTICE

Malpractice represents a professional malfeasance performed during medical intervention that inflicts damages on the patient.
There is a reform law regarding the Romanian health system in force, 95/2006, that requires re-evaluation.
The well known doctor Tudor Ciuhodaru from Iași, MD in emergency medicine, with a PhD. in medical science, currently a deputy in Romanian Parliament, submitted a proposal in 2014 to modify the law and shorten the indemnity procedures in favor of malpractice victims (months instead of years of legal approach); the proposal was adopted by the Chamber of Deputies.
In a program at the local TV station TLM, together with Dr. Ciuhodaru, we are debating the complex problem of malpractice in Romania.
Although the law instruments are flawed in this domain, there are encouraging judicial precedents of calling to account the public or private medical system or medical personnel: medic, assistant, stretcher-bearers, etc. Romania lost at CEDO in cases improperly unresolved by our judicial system. The malpractice law is a law system for the future. In a short time, we will follow the example of other civilized countries (the legislation demands alterations and the practice implements them). The malpractice law belongs also to the present: in lawsuits or criminal trials, patients win more often and defend their rights and their status of holders of a “high price” life. The current malpractice insurances domain needs to be legally corrected as soon as possible; even in the current stage, these insurances are prioritized during this type of trials: the patient/victim must be indemnified with large sums (the insurance policies in the medical domain should be increased).
Life and health hold value not only in their quantitative aspect, but also in their qualitative aspect! Consistent compensations for injurious medical interventions mean normality and equity, not “enrichment without just cause”!
In conferences, in mass-media, in the Romanian Parliament, the fact that the medical services are not always exceptional from a qualitative point of view and the medical personnel is not always impeccable is increasingly recognized.
Perhaps it is hard anywhere and anytime to achieve an ideal medical knowledge, but this situation should not justify the medical malpractices that cause, most often, new moral and physical damages. Regulating the contractual “field”, and the judicial nature between the medical personnel and patient and also compensating the damage through a professional liability insurance are acute challenges for the Romanian contemporary judicial community.

In a normal process, the lawyer leads his client on the wire, until he reaches a ruling verdict, but when it comes to a special trial, the lawyer takes the client on his shoulders and carries him so until the verdict is pronounced and even after that.
Franz Kafka - the second version published in a limited edition of the famous novel "THE PROCESS"