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The Romanian College of Physicians (CMR) believes that the new law on medical malpractice should introduce the opinion of independent medical experts as mandatory rather than optional in investigations. The CMR points out that such a proposal has been submitted to the Romanian Parliament since last autumn.
The request comes in the context of the scandal regarding suspicious deaths at Pantelimon Hospital. “The Romanian College of Physicians stresses that the introduction of the opinion of independent medical experts, experts in specific medical specialties, is mandatory and not optional in medical malpractice investigations. The Romanian Parliament discussed this necessity in the context of the proposal for amendments to the Law on Medical Malpractice, prepared by the Romanian College of Physicians last autumn. The creation of a body composed of independent experts, doctors, is necessary for several reasons”, the Romanian College of Physicians said on Friday evening. The reasons are related to scientific and medical rigor and the need for an integrated vision. “Scientific and medical rigor: Medical experts have unique training and experience in managing cases in their medical specialty. Their opinion is indispensable to reach an informed and correct decision. By the mandatory inclusion of the opinion of experts in medical malpractice investigations, it is ensured that the necessary balance is maintained in the analysis of how to respect the highest medical standards. Currently, only forensic doctors can issue medical opinions that are binding on the judiciary. Forensic doctors do not have the necessary competence to pronounce on all medical documents in all medical specialties. An integrated vision is needed: the mandatory introduction of expert opinions will contribute to a multidisciplinary approach and interpretation of complex cases, such as those involving suspected medical malpractice”, the Romanian College of Doctors stated.
According to the cited sources, the implementation of this measure increases transparency and accountability in analyzing how certain medical decisions are made, strengthening patients’ trust in the health system. The amendments to the legislation, in the sense of the obligation of expert doctors to give their opinions in investigations, will lead to an analysis of how medical practices defined by international standards are respected, thus reducing the associated legal and ethical risks. The CMR representative stressed the importance of a transparent debate. “At this moment, the authorities involved in the legislative process must prioritize a transparent and presumed debate on the law in support of doctors and patients. We believe that the purpose of an investigation is to clarify the situation, to establish the truth impartially and transparently, and to ensure that all relevant matters are properly investigated. Through a rigorous and impartial investigation, it is not only to identify the causes and responsibilities, but also to prevent similar situations from happening again. This helps to consolidate trust in institutions and continuously improve practices and procedures for the benefit of all involved”, stressed the CMR.
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