The medical community supports the idea of promoting a law that would regulate cases of malpractice so that there are no misunderstandings between doctors and patients. The doctors would also like a mechanism for ensuring professional responsibility for medical malpractice to exist.
In a news conference at IPN, Rodica Gramma, expert in medical law, said there are many misunderstandings related to medical errors. On the one hand, there are doctors who admit that medical practice involves a high risk of errors for multiple causes. On the other hand, there are patients who are victims of these errors. Owing to the defective legislation on malpractice examination, the doctors fear to admit errors as they consider they will remain alone in front of this problem.
Lawyer Ion Dodon said Moldova’s legislation does not stipulate the notion of malpractice even if particular aspects of this juridical category are regulated by the Penal Code, which criminalizes medical errors that affect the health of a patient or lead to his death, committed out of negligence by health professionals. But no criminal liability is envisioned for causing damage to the patient, when the damage is medium and light. There are also no efficient mechanisms of protection again malpractice, except for the courts of law. The number of civil lawsuits over malpractice has increased and more people go to court to complain about such cases. Also, Moldova was convicted by the ECHR in a case of malpractice.
Arcadie Astrahan, expert in human rights and medical policies, said the doctors in Moldova hide and do not want to admit medical errors. That’s why it is practically impossible to gauge the extent of the problem. “We should admit that such a phenomenon exists and should regulate this area and reduce risks so as to be able to compensate for damage in a decent way. But we should also have a system for preventing such errors through cooperation with doctors,” stated the expert. He considers a legislative initiative is needed to insure doctors and patients against cases of malpractice.
The conclusions of a study to assess the national policies on medical malpractice, carried out by the Moldova Institute for Human Rights, and the recommendations formulated by experts will be submitted to the central authorities, including the Government. IDOM jurist Radu Bobeica said the approach in dealing with this issue should be based on the avoidance of medical errors in the future and reduction of their negative impact on the patient’s state. The amicable mediation between the doctor and patient should be stipulated in legislation as a precondition before going to court.
