Medical malpractice system in the Republic of Moldova

Abstract

In this paper is discussed medical malpractice management system from the Republic of Moldova. In the Republic of Moldova is adopted the “fault system” which represents a tort litigation system. The Moldovan medical malpractice management system is analyzed from legal and normative framework, institutional framework, administrative issues, deterrence, fi nancing, compensation, costs occur to parties involved in malpractice cases, error reporting, etc. The Moldovan tort liability system is a “social insurance of a market society” where patients are compensated when the negligence of the healthcare providers is proved to be the cause of the injury. The results of the medical malpractice management system assessment demonstrated deficiencies in system organization and functioning, namely: lack of specifi c legislation to defi ne and regulate medical malpractice and medical civil liability, the concept of medical malpractice does not meet the requirements and standards of international doctrine, the approach of medical civil liability is incoherent from theoretical point of view and in consequence from the practical one, compulsoriness to follow the judicial track in order to establish medical malpractice and obtain compensation, existence of enormous fi nancial risks for the health care providers in the conditions of absence of medical malpractice insurance, lack of monitoring and evaluation system of medical errors.