Medical malpractice lawyer | Bogdan Lamatic | Bucharest | Negligence in service
In malpractice cases, the first few days can be decisive.The medical documentation, expert reports and first steps can influence both the patient's compensation and the establishment of any criminal liability of the doctor.I analyse the case from the outset and determine the appropriate legal route.
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How I can help in a medical malpractice case
Not sure if what happened is actually malpractice, what evidence you need or what procedure to start?
You may have suffered damage and want compensation, lost a close person, or, as a doctor, have already received a summons or notice.
I analyse the case and tell you concretely what options you have, what is worth doing and what should be avoided from the start. Depending on the situation, compensation, a complaint to the Malpractice Committee or professional body, or defence in a criminal case may be needed.
Choose below the topic you are interested in; you will find details, frequently asked questions and the concrete action for your case.
Medical malpractice compensation
Have you suffered damage after a medical act? I analyse the file, the medical evidence and the damage to build a solid compensation claim. Civil liability can be pursued independently of criminal proceedings.
Doctor criminal liability
Are you a doctor summoned by the Police or the Prosecutor's Office? I check what professional conduct is attributed to you, which standard applies and how causality is established. Defence starts before the first statement.
Malpractice committee
Do you want to file a complaint with the Malpractice Committee or have you already received the decision? I prepare the complaint with a clear chronology and relevant documents, and I can analyse the decision for appeal within 15 days.
Bodily injury from medical negligence
Are you being investigated for bodily injury following a medical act or are you the injured patient? I analyse the medico-legal report and distinguish between medical complication and professional criminal fault.
Manslaughter from medical negligence
Does the case involve the death of a patient? I reconstruct the medical context and verify whether the fatal outcome can be legally attributed to the conduct under investigation, separating tragic cases from those with criminal fault.
Complaint to the College of Physicians
Do you want to file a disciplinary complaint against a doctor? I help you structure the facts and documents so that the complaint targets professional liability, distinct from civil malpractice.
Dental malpractice
Problems after an implant, extraction or endodontic treatment? I analyse the dental file and radiographs to see if there was a deviation from the dental professional standard and what legal options are available.
When can medical malpractice exist?
An unfavourable medical outcome does not automatically mean malpractice. In a specific case, the conduct of the doctor or medical unit, the applicable professional standard, the damage caused and the link between the act and the consequences for the patient must be analysed.
Depending on the situation, liability may be civil, disciplinary or criminal, and these procedures have different objectives and rules. The first step is to analyse the medical documentation and choose the appropriate legal route for the case.
What documents are important from the start?
For an initial assessment, the discharge letter, observation sheet, investigations, informed consent, medical recommendations and any expert report or complaint already filed are useful. If you do not have the complete medical file, we can establish which documents need to be requested.
You do not need to have all the documents for the first discussion.
Frequently asked questions
Does an unfavourable medical result automatically mean malpractice?
No. It must be analysed whether there was a deviation from the professional standard, whether damage occurred and whether there is a link between the medical conduct and that damage.Can I claim damages without a criminal trial?
Yes. Civil liability can be pursued separately (Malpractice Committee + civil action), independently of criminal proceedings.What is the limitation period?
Generally 3 years for civil malpractice; for criminal offenses (e.g., arts. 192/196 CP) criminal limitation periods apply.What if the unit/doctor has no insurance?
It is a sanctionable breach; civil liability remains and damages can be pursued directly.How do I choose the right path for my situation?
Depending on your goal: compensation (civil), criminal defence (criminal), Committee decision (appeal) or disciplinary liability (College of Physicians). We discuss together which path makes sense.