Medical malpractice insurance: Why is it not working?

Many insurance companies have yet to settle any claims for medical malpractice insurance, which became mandatory four years ago, because patients in Romania do not know how to file such claims, while those who actually do it have to wait for years before getting a court ruling. These policies cover damage caused by a doctor, a nurse or any other employee in the healthcare system to a patient during treatment or during a surgical procedure.

Moreover, most doctors perceive these policies as a tax, and close them for the minimal amounts provided for under the law, so as to pay as low a premium as possible. This is why the policies cover few risks, and the sums insured would be insufficient if a patient suffering harm filed a claim. The malpractice insurance market is worth less than 10 million euros, with around 200,000 employees working in the Romanian healthcare system.

ZF has requested data from the top ten general insurance companies on the number of malpractice policies sold over the last few years and on the claims settled. Only four companies supplied such data, which reveals that damage has been awarded in very few cases, especially because patients did not file a claim, but also because some of the damage for which the claim was filed was excluded from the policy.