{"id":7123,"date":"2026-05-27T05:04:51","date_gmt":"2026-05-27T05:04:51","guid":{"rendered":"https:\/\/avocatbucuresti.ro\/?p=7123"},"modified":"2026-10-31T11:09:48","modified_gmt":"2026-10-31T11:09:48","slug":"medical-malpractice-when-the-doctors-error-becomes-a-crime","status":"publish","type":"post","link":"https:\/\/avocatbucuresti.ro\/en\/malpraxis-medical-cand-eroarea-medicului-devine-infractiune\/","title":{"rendered":"Medical malpractice: when the doctor's mistake becomes a crime"},"content":{"rendered":"

Medical malpractice does not automatically constitute a crime<\/h2>\n

An adverse medical outcome, a complication or lack of healing do not, in themselves, constitute professional malpractice. Law no. 95\/2006 defines malpractice as professional error in the medical act that causes harm and may lead to civil liability. Criminal liability is a separate matter: the act must meet the elements of a crime provided for by the Criminal Code.<\/p>\n

Therefore, the same situation can raise civil, disciplinary or criminal liability issues, but each is analyzed according to its own rules. A suspicion or a complaint does not equate to establishing guilt.<\/p>\n

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

Depending on the outcome and the circumstances, crimes such as culpable homicide (Article 192 of the Criminal Code) or culpable bodily harm (Article 196) can be investigated. For the crime under Article 196, the law sets specific conditions; not every harm caused by culpable conduct falls automatically under this article. The classification depends on the circumstances, conduct, and form of guilt assessed in the specific case.<\/p>\n

An investigation checks, among other things, what professional obligations were applicable at the time of the medical act, whether they were respected, what consequences occurred and whether there is a causal link between the conduct and the result. The patient\u2019s evolution must also be analyzed in relation to the disease, the known risks and other possible causes.<\/p>\n

What evidence can count<\/h2>\n

The analysis may include the observation sheet, informed consent, laboratory and imaging results, prescriptions, applicable protocols, correspondence, and statements. Expert opinions or medico-legal findings can help clarify technical aspects. They do not replace the evaluation of all evidence by judicial bodies and the court.<\/p>\n

In the civil malpractice procedure regulated by Law no. 95\/2006, there is, among other things, the mechanism of the Monitoring Commission and the professional competence for malpractice cases at the level of the public health directorate. This procedure should not be confused with criminal investigation; the appropriate course depends on the objective pursued and the concrete facts.<\/p>\n

Practical steps after an unfavorable medical outcome<\/h2>\n
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  1. Request and keep copies of the medical documents and relevant investigations.<\/li>\n
  2. Record the consultations, treatments, symptoms, and communications with medical providers in chronological order.<\/li>\n
  3. Keep documents regarding expenses, lost income, and subsequent treatments if you are pursuing the repair of a damage.<\/li>\n
  4. It requests a legal and medical evaluation of the documents before reaching conclusions regarding cause or liability.<\/li>\n
  5. Check promptly the applicable deadlines and procedures. They may depend on the type of request and the circumstances of the case.<\/li>\n<\/ol>\n

    Civil liability and compensation<\/h2>\n

    In civil liability cases, material and moral damages can be claimed if they are proven and meet the legal requirements. The existence and extent of compensation are not automatic; the damage, the causal link, and the basis of liability are analyzed. A civil solution does not automatically establish the commission of a crime; likewise, no medical complication alone proves malpractice.<\/p>\n

    Legislative sources<\/h2>\n