Healthcare Law

Health law is a complex and interdisciplinary branch of law that regulates the relationships between patients, healthcare service providers, public and private institutions in the healthcare sector, as well as professionals within the health system.

What services do we provide in the field of health law?

This field integrates elements of civil, administrative, criminal, tax, and ethical law, playing an essential role in ensuring a balance between patients’ rights and the professional and institutional obligations of healthcare service providers.
 

Medical malpractice

Representation of patients or medical professionals in medical malpractice cases. Legal consultancy regarding civil or...read more criminal liability. Medico-legal expertise and preparation of technical and legal defenses.

Patients’ rights

Legal assistance in cases involving breaches of informed consent. Litigation concerning refusal of treatment or access to medical services. Representation before...read more supervisory authorities (e.g., ANMCS, the College of Physicians).

Regulations applicable to clinics and hospitals

Consultancy regarding operating authorizations (DSP approvals, ISU permits, etc.). Compliance with regulations concerning medical staff, equipment, and...read more clinical protocols. Internal legal audit of medical documentation and data protection.

Contracts and employment relations in the healthcare sector

Employment and collaboration agreements for physicians, nurses, pharmacists, etc. Employment disputes within public or private medical units. Legal consultancy regarding...read more secondments, on-call duties, and employer–employee medical malpractice issues.

Relations with regulatory and supervisory authorities

Assistance in inspections and investigations carried out by DSP, CNAS, ANMDMR, etc. Challenges and litigation concerning administrative decisions or...read more sanctions. Legal consultancy regarding access to funding and contracts with the Health Insurance House (CAS).

Frequently asked questions about Health Law

Below are some of the most frequently asked questions we receive from our clients regarding financial and banking law. For any additional questions, please do not hesitate to contact us.
01

What constitutes medical malpractice?

Medical malpractice refers to situations in which a healthcare professional fails to comply with professional standards, thereby causing harm to a patient. Such cases may arise from negligence, diagnostic errors, or inadequate treatment, and victims may seek compensation under both civil and criminal law.

02

How can patients’ rights be protected?

The protection of patients’ rights is ensured through compliance with informed consent requirements, safeguarding the confidentiality of medical data, and guaranteeing access to treatment. Healthcare institutions must also implement clear and transparent internal procedures, and patients may notify the competent authorities in the event of irregularities.

03

Who is liable in the event of a medical error?

Liability may be attributed to the physician, the entire medical team, or the institution, depending on the nature and circumstances of the error. A medico-legal expert assessment is essential to determine whether medical malpractice has occurred and to establish the partial or full liability of the parties involved.

04

How is the protection of medical data ensured?

The protection of medical data is ensured through the application of GDPR and other national regulations specific to the healthcare sector. Institutions are required to implement appropriate security measures, confidentiality policies, and internal audit procedures, thereby ensuring a balance between access to information and patients’ right to privacy.

05

What can I do if a clinic refuses to provide my medical records or file?

The patient has the right to access all of their medical data. The clinic is obliged to provide copies of medical records in accordance with Law no. 46/2003 (the Patients’ Rights Law) and the GDPR. In the event of refusal, a complaint may be filed with the National Supervisory Authority for Personal Data Processing (ANSPDCP) or legal action may be brought before the courts.
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