DUMITRU BAGDASAR - MEDICAL MALPRACTICE?

Abstract

The Law 95/2006 defines malpractice as “the professional error committed in exercising the medical or medical-pharmaceutical act, generating prejudices on the patient, involving civil liability of the medical personnel and the supplier of medical, sanitary and pharmaceutical products and services”. Although the law mentioned above does not have a known history, through 1930s, acts of medical malpractice have existed since the begging of the first doctors. The well-known Romanian physician Dumitru Bagdasar, the founder of the Romanian Neurosurgery School, in 1935 was accused of having chosen to go on holiday in the province instead of checking on his patient who suffered from a brain tumor. While he was gone, the patient died following a puncture, but his survival chances would have been inexistent even if the renowned neurosurgeon had spent every minute by his bedside. Whereas generally the first reaction is to accuse the treating physician, this cannot always be the case. The physician’s liability cannot be invoked in this case, given that there was no professional blame. Dumitru Bagdasar bequeathed to future generations a multitude of valuable information that can be put into practice even nowadays. Most of the time, given that is difficult to accept the idea that a loved one is no longer with us, the blame lies with the doctor who, although he makes every effort to help an individual, fails to save his life.