Medical malpractice lawyer | Attorney Bogdan Lamatic | Bucharest | Negligence in service
I am attorney Bogdan Lamatic, with strong practice in criminal law (white-collar, service offenses) and litigation with medical components (malpractice, civil and criminal liability). I represent both defendants and injured parties, including complex files with medico-legal expertise and malpractice committees.
Recognized by Legal 500 as “Next Generation Partner” (White-Collar Crime) 2021-2024.
What medical malpractice means. Legal basis
Legal definition: malpractice is the professional error in the medical/pharmaceutical act that causes damage to the patient and attracts civil liability of the medical staff and/or the provider. (Law 95/2006)
Who is liable?
- Medical staff - negligence, imprudence or insufficient knowledge, including breach of confidentiality/consent.
- Healthcare unit - nosocomial infections, non-compliant devices/materials, lack of insurance, etc.
When does it become criminal
- Bodily injury by negligence - art. 196 CP
- Manslaughter by negligence - art. 192 CP
- Negligence in service - art. 298 CP; extension to private sector via art. 308 CP.
How I work for you
If you are a patient/family (injured party)
- Legal & medical audit: identify deviation from professional standard and document causality.
- Dual channels: malpractice committee procedure and, where applicable, criminal complaint.
- Damages: activate insurer and follow full compensation (treatment, income, moral damages).
If you are a doctor/clinic (defense)
- Standard of care & competence delimitation
- Managing investigations - responses to committees/inspectorates, coherent positions, confidentiality
- Criminal strategy - delimiting professional fault from inherent medical risks
Frequently asked questions
- Can I claim damages without a criminal trial? Yes. Civil liability can be pursued separately (Malpractice Committee + civil action), independently of criminal proceedings (Law 95/2006).
- 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.
- When does it become “negligence in service” (criminal)? When a public official breaches a legal duty causing damage/rights violation; for the private sector, art. 308 CP extends the rules with reduced limits.