The Romanian College of Physicians considers that the rights to a fair trial, in violation of the presumption of innocence, of the doctors at the Bucharest Sfantul Pantelimon Hospital accused of having caused the death of an intensive care patient have been seriously violated by the Supreme Council of Forensic Medicine.
„(…) By the way in which the leadership of the Supreme Council of Forensic Medicine publicly presented the conclusions of a medico-legal report on an ongoing investigation, without respecting the right of the two doctors to object to the conclusions of the medico-legal report, and exposing the 99% guilt percentage, it seriously violated the rights of the defendant doctors to a fair trial, to the presumption of innocence, given that the case is incomplete at this moment and there is no indictment, and they made an impermissible decision to publicly convict the investigated doctors in violation of the code of ethics, pre-judging the case,” the Romanian College of Physicians said in a press statement released on Monday.
According to the college, the press release of the Supreme Council of Forensic Medicine says that, according to „Malpractice and Medical Liability. European Guidelines on Methods of Ascertainment and Criteria of Evaluation ” – which represents a guide of good practice Europewide for the ascertaining malpractice, carried out in collaboration with experts from Austria, Belgium, Bulgaria, Estonia, France, the role of forensic medicine has become increasingly specific, essential and ineluctable in the judicial environment, in order to prevent and avoid erroneous interpretations and hasty scientific verdicts.
It considers that, based on the jurisprudence of the European Court – which is mandatory domestic law for judicial bodies and courts, as well as in the context of a subject of public interest, as is the case in the Sfantul Pantelimon Emergency Clinical Hospital – all relevant medical and legal authorities are under an obligation to collaborate in order to prove the judicial truth, strictly observing powers and procedures related to the issue at hand,based on medical science evidence.
Two doctors of the Sfantul Pantelimon Hospital have been remanded in custody, being accused by prosecutors of causing the death of an intensive care patient by intentionally lowering the dose of norepinephrine, a substance that help maintain blood pressure.
AGERPRES
