In Romania, a malpractice case can remain unresolved for years. The current procedure does not respect the principle of rapid resolution of medical malpractice complaints and covers up abuses. The procedure lacks clear deadlines and offers patients no guarantee that they will receive justice within a reasonable time. An analysis by the Foundation for the Defense of Citizens Against State Abuse (FACIAS), conducted at the national level on how malpractice complaints are resolved, shows that even when there is an official finding of malpractice, cases remain stuck in court for years until a final decision is reached.
A concrete example comes from Vâlcea County. Official information received from the Vâlcea Public Health Directorate shows that, in the last five years, citizens have filed 14 complaints of malpractice. Of these, only two were confirmed. These were subsequently challenged in court, but none has yet been finalized with a final decision.
The first malpractice complaint was filed in September 2020 and confirmed by DPS Vâlcea in March 2021. The decision was challenged in court, and no final ruling has been issued to date, more than five years after the complaint was filed with the Medical Malpractice Commission.
In another case, opened in 2024, the commission immediately determined that malpractice had occurred, but this decision was also challenged and is now blocked in court. The Vâlcea Public Health Directorate officially acknowledges, in its response to FACIAS, that "the average time taken to resolve a malpractice case cannot be specified", citing "the complexity of each complaint".
At national level, between 2023 and 2024, almost 400 complaints of malpractice were filed. Of these, only 15 were confirmed and all were challenged in court. FACIAS finds that the current system for resolving cases of medical malpractice, which allows for such delays, does not work in the interests of patients.
The need to reform the procedure for resolving malpractice cases is also supported by non-governmental organizations representing patients, which responded to FACIAS' public appeal inviting patient associations in Romania to join forces to contribute to the reform of the procedure for resolving medical malpractice cases.
The Association of Patients with Autoimmune Diseases sent FACIAS a series of observations regarding the problems patients face when reporting cases of malpractice. One of the main obstacles is the cost of medical-legal expertise, which can reach up to €2,000, thus drastically limiting real access to justice for many patients and their real chance of obtaining justice.
FACIAS calls on the Ministry of Health to urgently initiate a draft amendment to the procedure for resolving malpractice complaints.
The reform must ensure short and clear deadlines for resolution, the elimination of financial blockages in the expert assessment phase, and the swift resolution of court appeals in the shortest possible time, so that the compensation offered to victims is fair and granted in a timely manner to compensate for the damage suffered by the patient.