Legal liability of healthcare institutions for medical errors

What is a medical error?

A medical error is a deviation from professional standards in the provision of healthcare that results in harm to the patient. It can be:

• Diagnostic (e.g., misdiagnosis or delayed diagnosis);
• Therapeutic (e.g., incorrect intervention, wrong medication administered);
• Negligence-related (e.g., lack of post-operative monitoring);
• Communication-related (e.g., absence of informed consent).

Who is legally liable?

The doctor or medical staff – if individual professional fault is established;

The healthcare institution – for:

• Improper organization of the medical act (e.g., lack of necessary equipment);
• Failure to comply with hygiene and safety regulations;
• Hiring unqualified personnel;
• Lack of oversight and internal procedures.

This constitutes a form of civil liability (either tortious or contractual) on the part of the institution for its own acts or for the acts of its employees (articles 1357 and 1373 of the Romanian Civil Code).

What must be proven in court?

• The existence of a deficient medical act (e.g., incorrect diagnosis/treatment, omission);
• Harm suffered by the patient (physical, psychological, financial, etc.);
• A causal link between the medical act and the harm;
• That the act was committed with fault (negligence, imprudence, carelessness).

In cases of hospital liability, the patient does not need to prove the institution’s fault, only the harm caused by the defective organization of medical services – based on the principle of objective institutional responsibility.

What legal remedies does the patient have?

• Filing a complaint with the Malpractice Committee of the Public Health Directorate;
• Filing a criminal complaint for bodily harm by negligence (if there are indications);
• Initiating a civil lawsuit to obtain moral and material damages;
• Notifying the College of Physicians for disciplinary investigation.

Responsibility for a medical error does not rest solely with the physician. The hospital or clinic may also be held accountable if it fails to ensure the minimum standards of safety and organization required for providing medical care.

It is essential for patients to be aware of their rights and to consult with a lawyer specialized in health law to assess the possibility of pursuing legal action.

If you have been a victim of a medical error, feel free to contact us for specialized legal assistance in order to establish legal liability and seek appropriate compensation.