Nurses defending themselves against allegations of professional misconduct must demonstrate that their actions meet accepted standards of practice. They must satisfy a jury that they acted as a reasonably prudent nurse would have done in the same or similar circumstances. Nurses should follow these practices to avoid allegations of professional misconduct:[25] 3. The form of civil liability, the basis of which is based on the principles of liability for tort, requires proof of the following mandatory elements: fault, fault, damage and causal link between fault and damage [3]. If something is missing, there is no possibility of issuing an order-in-council. In order to prove the existence of the four elements, the court must analyze the evidence (documents, witnesses, interviews and expert opinions) to determine whether or not there is a case of professional misconduct. If you have been the victim of medical malpractice, we invite you to contact our medical malpractice lawyers to pursue your case. If a criminal complaint is appropriate in your case, we can help you file a police report. 1. With regard to the disciplinary form, the law provides that the doctor is liable to disciplinary action for non-compliance with the laws and regulations of the medical profession, the code of medical ethics, the rules of good professional practice and all acts committed in the course of the profession that are likely to damage the honour and reputation of the profession (also medical professional misconduct, since medical malpractice is professional misconduct committed in the practice of the profession). medical or medico-pharmaceutical field that has caused harm to a patient) [1]. Medical malpractice covers a broad category of healthcare professionals (e.g. doctors, pharmacists, nurses) as well as private and public medical institutions and manufacturers of pharmaceuticals and medical devices.
Malpractice lawsuits focus on nurses` legal obligations to their patients to comply with current standards of practice. These legal obligations are called due diligence. Nurses are required to adhere to standards of practice when caring for patients assigned to them. This includes adhering to organizational policies and procedures, maintaining clinical competence, and limiting their activities to the licensed scope of practice as defined in their state`s nursing practice law. Nurses also have a legal obligation to be physically, mentally and morally fit to practice. If nurses did not meet these professional obligations, they would have failed patients. [15] On the one hand, given the specific activity of medical institutions, professional misconduct could be avoided through the continuous education and training of health professionals, which constitute direct obligations in this area. On the other hand, raising awareness of the importance of patient information and forms used by the medical institution, as well as improving operational procedures, could reduce the incidence of malpractice. It is important to know that in these particular cases, the liability caused by professional misconduct may be higher than when making a classic professional error.
This increased responsibility stems from the inherent nature of this measure, as the health professional is aware of the consequences or reuse of single-use devices that are not considered. It should be noted that liability for these particular cases may have more serious consequences for the health professional and the medical institution. 4. As regards criminal liability, the conditions laid down in the Criminal Code for one or more offences must be complied with [4]. With regard to physical injuries, for example, it is necessary to have an act that causes a disability, injury or health of a person who needs more than 90 days of medical treatment, cosmetic and permanent injury, abortion or endangering the life of a person for healing. Each offence has specific elements that must be followed exactly as they are regulated. As with civil liability, the alleged culprit cannot be held legally responsible if an element of the crime is missing. Although the evidence in civil and criminal proceedings is fundamentally similar (documents, witnesses, hearings, expert opinions), there is a difference in the steps to be followed in dealing with evidence. An act of commission or omission that causes injury or damage to another person and constitutes civil wrongfulness for which the courts are liable. Civil law covers tort liability.
A tort is an act of commission or omission causing injury or damage to others and is a civil offense for which the courts are held liable. Tort law exists to indemnify clients harmed by negligent practice, to render corrective judgment, and to deter negligence with the consequences of acts or omissions. [3] – Administrative procedure – procedure carried out by the analysis of a complaint of medical malpractice by the Technical and Supervision Committee on Professional Misconduct established in the health authorities of each county and in Bucharest; The second criterion is dereliction of duty. Once a plaintiff has proven the first element of a malpractice lawsuit (i.e., the nurse owed the claimant), the plaintiff must prove that the nurse breached that duty by failing to comply with the duty of due diligence. To prove that a nurse failed a patient, the claimant must prove that the nurse deviated from acceptable standards of practice. The applicant must explain how a reasonably prudent nurse would behave in the same or similar circumstances, and then explain how the responding nurse departed from this standard of care. The applicant must allege that the nurse did something that a reasonably prudent nurse would not have done (an act of commissioning) or failed to do something that a reasonable nurse would have done (an omission). [18] A victim may file civil professional misconduct, whether or not the state accepts a criminal complaint. In fact, a victim should speak to a medical malpractice attorney as soon as possible to start their case. The limitation period also applies if the state is considering criminal charges and even if criminal charges have been laid.
Finally, it should be noted that the choice of administrative, civil or criminal proceedings, each with specific effects, does not exclude the possibility of initiating one or more proceedings at the same time. For example, filing an application for disciplinary liability with the Collège des médecins does not mean that civil proceedings or criminal charges cannot be brought against convicted medical personnel. Moreover, the initiation of civil or administrative proceedings does not preclude the pursuit of criminal liability by the lodging of a criminal complaint. However, there are exceptions to this rule because of criminal offence research, which may refuse a civil action, in that a civil action is stayed until the proceedings are assessed as part of a criminal investigation, and if a court has already ruled on an aspect of professional misconduct, Another court cannot decide the same issues. For example, we may stipulate that if one court makes a judgment establishing a certain amount of damages, another court cannot ignore the issue already decided by the previous court (called res judicata). However, the civil court is not bound by the provisions of criminal law or by the final judgement of acquittal or closure of criminal proceedings on account of the damage or fault of the offender. These requirements don`t mean that a medical malpractice lawyer can`t help you. Getting expert advice is the best way to know which path you need to take regarding your case. Currently, there is no special procedure for assessing cases of professional misconduct.
Therefore, the proceedings before the court, which may be case law (if the claim has a value of up to 200,000 lei) or the High Court (if the claim has a value of more than 200,000 lei) in the territory of the defendant`s domicile or the justice or high court from which the act was committed or the damage occurred, is the most common. Acts that lead to a murder trial when committed by a health care provider could form the basis of a wrongful homicide prosecution.
