The Journal of Bucharest College of Physicians and the Romanian Academy of Medical Sciences

Litigious Side of the Medical Malpractice in Romania


The medical malpractice has begun to come into view as a concerning reality in our health system. The reactions from mass media or at the level of various professional organizations are more and more frequent. A systematic analysis of the phenomenon is far to be completed and it would be essential for the enunciation of some adequate public policies and for some opportune legislative modifications. The clear theoretical directions are difficult to be identified such that the testing of the most representative ones is a starting point. In this article we have also made an overview of the main theoretical points. By this research a retrospective study for the period 2007 – 2018 of the files concerning the medical malpractice registered at the courts of Romania has been done. I have performed an analysis of the geographical distribution of cases, the quantification of some elements as well the judicial juration and the number of involved processual parties and also the testing of some correlations with various social and economic indicators. The theory of the hazard which has its origin in the Bayes theorem does not explain fully the evolution of the phenomenon while the theory of the social control (Donald Black) explains a series of matters.