A new project of law on malpractice
 A new modification of the law on malpractice could enlarge the list of those to be held responsible in case of a medical fault. Thus, in a project of law found in public debate, is introduced the mandatory insurance in case of mistake for providers of health care, medical and pharmaceutical products and services.
The insurers could also be part of the malpractice committees.
Thus, if there is a malpractice, firstly the mediation of the conflict will be tried, by the insurer establishing the damages. In addition, reports on the malpractice cases will no longer be written by "county experts", but by "national" ones.
Also, according to the project of law regarding malpractice, public health directorates can hire mediators authorized in solving conflicts, and the insurer is obliged, within a certain period, to make a proposal for the victim's compensation. If an agreement is reached, the victim of the prejudice and the medical staff, the providers of health care, medical or pharmaceutical products and services conclude a contract with the insurer's consent.
According to some OTTO Broker statistics from 2009, in 2008 and 2007 there were investigated over 800 cases of medical error, 20% of the doctors reclaimed being found guilty in 2008. Also, there was a considerable increase of the number of lawsuits against health professionals under the accusation of medical fault. This phenomenon has been supported by a number of factors, such as media interest for such cases, facilitating court actions by the exemption from stamp tax etc., according to OTTO Broker.
Moreover, the CIOMU case is the most relevant example for the recent evolution of professional liability law suits in our country. In 2008, judges have ordered the payment of damages of 500,000 EUR worth. The court decided that damages were to be covered jointly by the doctor and the medical unit in which he was activating.
Author: Mihaela CIRCU
on 15.03.2010
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