An urologist from Balti was sentenced to two years in prison for negligence in providing medical assistance that caused the death of a 44-year-old patient. The head of the Society of Urologists of Moldova Emil Ceban, rector of the State University of Medicine and Pharmacy, expressed concern about the decision, stressing that the medical profession is a noble activity with inherent risks, which should not lead to criminal punishment, IPN reports.
"The medical profession is a noble activity, which involves personal and professional dedication, with inherent risks, which unfortunately can inevitably cause intra- and postoperative complications, regardless of the doctor's experience and dedication. These risks should not lead to criminal punishment for those who have dedicated their lives to saving and improving the lives of patients," the rector said in a letter.
Emil Ceban noted that the need to establish an organization to defend the rights of doctors and to apply fair and specific legislation for the medical profession is increasingly obvious. According to the rector, such legislation "would contribute to the protection of both patients and health professionals, and would ensure an objective assessment of malpractice cases".
"We ask the judicial authorities to thoroughly and correctly examine the cases regarding the provision of medical services and to treat responsibly the cases concerning the medical activity. The medical act is complex and full of challenges, and doctors' decisions, even those made with the utmost prudence and professionalism, can have unpredictable results due to the diversity of patients' individual conditions and reactions," reads the letter.
Initially, by the sentence of the Balti Court of November 3, 2022, the man was found guilty of committing the crime and was sentenced to two years in jail, with ban on holding positions in healthcare for a period of three years. The execution of the sentence was conditionally suspended for a probation period of two years. 143,678 lei was collected jointly and severally from the defendant and the Balti Clinical Hospital in respect of pecuniary damages and 200,000 lei in respect of non-pecuniary damages.
Disagreeing with the sentence, the state prosecutors from the Balti Prosecutor's Office appealed it, asking for a harsher penalty, including the actual execution of the prison sentence. By the decision of the Criminal Board of the Balti Court of Appeal of November 6, 2024, the prosecutors' appeal was accepted, the sentence was partially quashed and a new decision was pronounced, whereby the defendant was given a real jail term. He was also ordered to pay half a million lei damages.
The decision of the Court of Appeal is final and enforceable, but can be appealed to the Supreme Court of Justice within two months.
