The Foundation For The Defense Of Citizens Against State Abuses (FACIAS) has asked the Ministry of Health to launch an investigation into the legality of the inquiry conducted by the Mehedinți Public Health Department regarding a case of medical malpractice that resulted in the death of a newborn on January 14, 2025, at the Baia de Aramă City Hospital.
Following FACIAS’s efforts, the Ministry of Health announced that it will order an investigation to examine both the legality and the manner in which the Mehedinți County Public Health Directorate conducted the administrative inquiry in this case.
As part of its own investigation, FACIAS requested documents from several public authorities and the findings of the investigation conducted by the Mehedinți Public Health Directorate. An analysis of the data shows that, between 13 and 14 January 2025, the on-call shift for obstetrics and gynecology was covered by a surgeon, rather than a specialist in obstetrics and gynecology, contrary to legal provisions. Nevertheless, the Mehedinți Public Health Directorate argued that uncovered specialties can be covered by related specialties and concluded that no sanctions are warranted.
This interpretation is contrary to current legislation. Order No. 870/2004 explicitly stipulates that on-call duty in the specialty of obstetrics and gynecology must be performed exclusively by physicians with this specialty. Furthermore, invoking Order No. 546/4.260/2004 regarding related specialties cannot justify the performance of duties belonging to another specialty in the absence of legal authority. Furthermore, according to Order No. 323/2011, Level IV hospitals are required to ensure the continuity of medical care through specialist physicians, including in obstetrics and gynecology.
However, the Mehedinți Public Health Directorate concluded that there were no reasons for an investigation and did not sanction either the hospital or the medical staff. These aspects raised suspicions of a possible cover-up of the case, intended to prevent medical staff from being held accountable.
All of these inconsistencies and justifications—which contradict medical standards and raise doubts about the integrity of the investigation conducted by the Mehedinți Public Health Directorate have been reported to the Ministry of Health by FACIAS.
On the night between 13 and 14 January 2025, a young woman with a monitored pregnancy and no known risks arrived at Baia de Aramă City Hospital in advanced labor. Around 5:00 AM, her condition worsened, but a transfer to a higher-level medical facility was refused.
The family was informed that the cesarean section would take place only after the arrival of the gynecologist, who had been summoned from Craiova. Before he arrived, around 9:00 AM, the patient gave birth naturally, and the newborn died approximately 20 minutes after birth.
FACIAS has filed a complaint, and the case is currently registered with the Prosecutor’s Office attached to the Baia de Aramă Court regarding the offense of manslaughter. FACIAS will monitor the progress of the criminal investigation, as well as the results of the inspection ordered by the Ministry of Health.
FACIAS, together with patients' associations in Romania, calls on the Ministry of Health to urgently initiate a project to amend the procedure for resolving malpractice complaints, so that patients and their families have access to a clear, accessible and efficient procedure, and so that medical responsibility is no longer bogged down in bureaucracy and endless processes.