{"id":6836,"date":"2026-03-30T14:30:32","date_gmt":"2026-03-30T14:30:32","guid":{"rendered":"https:\/\/avocatbucuresti.ro\/?p=6836"},"modified":"2026-10-31T12:34:11","modified_gmt":"2026-10-31T12:34:11","slug":"medical-malpractice-when-the-act-becomes-a-crime-and-how-to-prove-medical-negligence","status":"publish","type":"post","link":"https:\/\/avocatbucuresti.ro\/en\/malpraxis-medical-cand-fapta-devine-infractiune-si-cum-dovedesti-neglijenta-medicala\/","title":{"rendered":"Medical malpractice: when there is civil and criminal liability"},"content":{"rendered":"

An adverse medical outcome does not in itself prove malpractice. It must be determined what professional conduct is being claimed, what damage was caused and whether there is a causal link. Civil liability for malpractice and criminal liability have different conditions; the same situation may justify one of them, both or neither, depending on the evidence and the law.<\/p>\n

What is medical malpractice?<\/h2>\n

Article 653 of Law no. 95\/2006<\/a> defines malpractice as the professional error committed in the medical or medico-pharmaceutical act, which causes harm to the patient and may involve the civil liability of the medical staff and the provider. The error may include negligence, imprudence, or insufficient medical knowledge. For analysis, the professional standard applicable at the time of the intervention, the available information at that time, and the actual conduct matter, not just the fact that the treatment did not have the desired result.<\/p>\n

When can there also be criminal liability?<\/h2>\n

Criminal liability only arises if the act meets the elements of a crime. For example, Article 192 of the Criminal Code regulates manslaughter and the form related to the violation of professional rules. Article 196 concerns certain forms of corporal injury caused by negligence, including situations where rules for practicing the profession were violated. The classification and conditions for holding someone accountable depend on the resulting outcome, the imputed conduct, and the form of guilt.<\/p>\n

Civil proceedings for malpractice do not exclude criminal liability when the conditions of the offense are met, but the referral to the criminal authorities does not automatically establish medical culpability. The medico-legal and legal analysis must distinguish professional misconduct, harm, and causality.<\/p>\n

What evidence is useful<\/h2>\n

Depending on the case, the following may be relevant:<\/p>\n