Lawyer for the Criminal Liability of Doctors in Bucharest

    Are you a doctor and have you been called to the Police or Prosecutor's Office?In a criminal case concerning a medical act, the first question is not only whether the patient suffered damage, but what professional obligation you are accused of breaching and whether there is a causal link with the result.Do not wait for the final expert report to build the defence.

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    Bogdan Lamatic, criminal defence lawyer in Bucharest
    Lawyer Bogdan LamaticBucharest Bar · 18+ years of experienceLegal 500 · White-Collar Crime

    What I check in the doctor's defence

    I analyse the full medical documentation, the chronology of clinical decisions, the patient's condition at the time of the intervention, the applicable protocols, the limits of professional competence and the expert reports carried out or requested.

    The distinction must be made between criminal fault and an unfavourable result that may be due to the inherent risk of the medical act or other factors.

    What charges may exist?

    Depending on the result, the case may concern, among other things, bodily injury from negligence or manslaughter. The Criminal Code treats distinctly, including situations where the result is linked to non-compliance with the rules of a profession. (Legislation)

    Do not retrospectively alter the medical documentation

    Keep the file, logs and documents as they exist.

    A professional explanation must be built on the existing documents and on what could have been known at the time of the medical act, not on the result observed later.

    Have you received a summons?

    Send me the summons and tell me: what procedural capacity you have; what medical act is being investigated; when it took place; whether there is already an expert report.

    Discuss the strategy before giving a statement.

    Frequently asked questions

    1. Can a doctor be investigated just because a patient had a complication?

      No. Complications can occur in the absence of professional fault. Criminal liability requires culpable conduct causally linked to the result.
    2. What does Article 308 of the Criminal Code mean for doctors in the private sector?

      Article 308 extends service offences to persons performing a task within a private legal entity, applying with reduced penalty limits.
    3. When should a lawyer be contacted?

      As early as possible, before the first hearing or before an expert report is carried out that could be influenced by how the case is presented.

    Contact | Free initial assessment

    Tell me in a few sentences what happened and I will tell you concretely what the next steps are. The first assessment discussion is free.

    Official resources

    • Criminal Code - offences of negligence, negligence in service and extension to the private sector (arts. 192, 196, 298, 308). (Legislation)