Legal Challenges for Romanian Family Medicine Practitioners in Times of ‘COVID-19’

Silviu Dumitru Paun,Codrut Andrei Nanu,„Carol Davila” University Of Medicine And Pharmacy, Bucharest, Romania ,Sinziana-Elena Birsanu

doi:10.31689/rmm.2021.28.1.71

Abstract

The general practitioners (GPs’) practice faced serious challenges as a result of COVID-19 pandemic, including from a legal point of view. In this context, a series of questions related to the GPs’ professional activities might arise such as: (i) what happens if a doctor makes a mistake because he/she is exhausted, as a result of overtime or (ii) if he/she performs medical acts outside the boundaries of his/her own specialty or without consent, as requested by his/her own conscience, by the situation, by the authorities and by his/her principal? In all these special circumstances this could mean that the doctor fails to comply with the applicable law. Moreover, because he/she breaches the law, the professional insurance policy will cease to be applicable. With new roles and responsibilities, the GPs should adjust their practice to the current conditions.

Highlights

Under the International Health Regulations (IHR) (2005) and following the advice coming from the Emergency Committee, on 30 January 2020, the Director-General of WHO declared the COVID-19 outbreak a public health emergency of international concern[3]
We will review main aspects of the Romanian legislation related to general practitioners (GPs)’ professional activities in order to identify the legal regime related to their liability and possible vulnerabilities for the practice as a result of changes brough by COVID-19 pandemic
In order to refuse providing health assistance, the following conditions must be cumulatively met and these legal conditions have not been amended by special legislation as a result of COVID-19 pandemic:

Summary

Introduction

Under the International Health Regulations (IHR) (2005) and following the advice coming from the Emergency Committee, on 30 January 2020, the Director-General of WHO declared the COVID-19 outbreak a public health emergency of international concern[3].Pandemics represent a significant stress test for a country’s economic, political and most of all for the health systems[4]. Are family doctors allowed to practice outside their medical specialty limits?

Results

Conclusion