some extent, the recovery of material and moral damage caused to the patient, however, this is a
very difficult procedure.
For this reason, the law on medical malpractice should include provisions to protect the
activity of doctors in their work, but also the degree of responsibility of the medical institution for
the quality of investigations performed, the equipment used and the conditions.
Thus, the existence of such a law would contribute to the protection of patients' rights, and on
the other hand, the law will protect doctors, because not all cases of medical errors occur through
the direct fault of the doctor.
As mentioned above, one of the Ombudsman's priorities for the coming years is to monitor
compliance with the right to health care. For this reason, in 2019, the People's Advocate Office
prepared two thematic reports, which reflect the situation in the field of healthcare.56
One of these is the Report on Assessing the Level of Assurance of the Patient's Right to the
Safety and Quality of Medical Equipment. The Report reflects the identified systemic problems
faced by medical institutions regarding the maintenance of medical equipment, the quality of
medical devices which, in turn, affect the quality of the medical care and patient safety.
Data from the assessments made show that the technological potential of medical devices
within some public medical-sanitary institutions is morally and physically exceeded, with major
deficiencies, and which presents one of the root causes that determine the quality of medical care.
The findings show that:
- The health system does not have sufficient institutional and functional capacities for the full
implementation of the Law no.102 of 09.06.2017 regarding medical devices;
- The health system does not have a strategic document in the field of medical device
management. Some devices in the endowment of medical institutions have a lifespan of up to 40
years;
- Many equipments do not have technical passports, which makes it impossible to monitor
their operation. The lack of a centralized system for recording and monitoring the equipment of
medical institutions has a negative impact on the quality of medical services;
- Many equipments in the diagnostic and surgical departments are with excessive degree of
wear and without metrological verification performed. For example, of the total number of
56
http://ombudsman.md/wp-content/uploads/2019/04/RAPORT-MEDICINA-RED.pdf
http://ombudsman.md/wp-content/uploads/2020/01/RAPORT_PALIATIVE.pdf
35
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents