Medical malpractice

Legal defence in medical malpractice cases

Medical malpractice is professional error committed in performing medical or medico-pharmaceutical acts that causes harm to a patient, involving civil, disciplinary or criminal liability of healthcare personnel and providers. Governed by Law No. 95/2006 on healthcare reform and Article 1357 and the following articles of the Civil Code (non-contractual civil liability), malpractice may take the form of negligence, imprudence, insufficient medical knowledge or failure to comply with technical regulations. Malpractice cases range from misdiagnosis, improper treatment or surgical errors to lack of informed consent or organisational deficiencies in healthcare facilities. The involvement of a lawyer specialising in civil and criminal law is indispensable to correctly classify the case legally, establish causation and obtain compensation (pecuniary and non-pecuniary damages), or to defend healthcare professionals against unfounded allegations.

Malpractice determination procedure, forensic medical assessment and defence strategies

The case is analysed using medical documents, the applicable professional standard and the connection between the conduct and harm. A referral to the DSP malpractice commission and a direct civil action are separate routes; any criminal complaint requires the specific elements of the offence. We present and examine expert assessments and identify the persons liable. Article 655(2) of Law No. 95/2006 provides, subject to civil-law requirements, for joint and several liability of the healthcare facility with personnel employed there or working there under a medical-services contract. The insurer’s obligation is assessed separately within the scope of the insured risk and policy, without assuming joint and several liability in every situation. For healthcare professionals, we analyse compliance with the standard, causation and statutory exemptions. Informed consent may rebut allegations of insufficient information, but does not automatically excuse negligence or failure to meet the medical standard.

Legal assistance and representation in Focșani and Vrancea County

A possible medical error can seriously affect your health and personal life. Lawyer Basuc Cosmin in Focșani offers assistance in analysing documents and preparing a claim for compensation or a defence of professional reputation. We prepare referrals and applications, formulate the issues for expert assessment and represent you in the case. Civil malpractice disputes under Law No. 95/2006 fall within the jurisdiction of the civil division of the tribunal for the district where the alleged medical act occurred, under Article 687; the appeal route is checked according to the judgment and applicable procedure. Criminal jurisdiction is determined separately. Contact us to assess the evidence, deadlines and remedy appropriate to your situation.