Lawyer malpraxis Porosnicu Gianina Vera Iasi
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.