Bihar > Bihar > 20.11.2011, 3:15 p.m.

After serving three years with the knife in the column, Ionel Nistor lost the malpractice

Process lost
Ionel Nistor, Oradea who sued neurochirugul Cluj Stephen Florian because he had forgotten the knife cuts in the spine, she turned completely process the claim for damages for malpractice.

The portal , Cluj Court of Appeal dismissed the appeal Friday in Oradea, maintaining previous verdicts given by the court and the Court Cluj. So he will not get a penny of the requisite 400,000 euros in damages from the incident.

Ionel Nistor Oradea case sparked controversy from the start. Process in which some surgeon accused of malpractice Stephen Florian took place behind closed doors on all three courts (Court, Court, Court of Appeal), because defenders doctor claimed that a public trial would prejudice their client image .

With scalpel in column

Nistor, now aged 54, went to Cluj in 2004, with terrible neck pain. Doctors discovered an infection in the column, and because antibiotic treatment failed, he underwent surgery department of neurosurgery, where Dr. Stephen Florian take a bag of pus removed from the column.

During surgery the surgeon’s knife broke even while being introduced into the cavity in which the operation is performed. Hence, different versions. “During surgery, a scalpel blade was broken in several pieces, which were scattered among the nerve structures and vertebrae, which they took it out, but the doctor Stephen Florian has left a blade of 4.5 inches in . Three years I spent with her body without knowing. Peak, The doctor said he noticed the incident, but breathed a word or thousands, as a patient or his family or heads, “was his version Nistor including the Bihoreanul.

On the other hand, Stephen Florian doctor argued in court that the patient warned to return the check and that if he would have respected the request, the consequences would have been different, writes portal remembered. Florian would be said then that is a piece Oradea tiny and called to retrieve him. But refused to Oradea from operating in Cluj and went to Elias Hospital in Bucharest, where “splinter” was removed.

The charges do not end there. Nistor also stated that the search action metal chips, one of the doctors poked a finger, and there would be elected and Hepatitis B and C. The court however rejected the possibility that he may have infected with hepatitis during operation. As for the Oradea will seek justice elsewhere.

Go on

Because I have rejected all actions both on the Criminal and the civilian, Ionel Nistor threatens that he will request the rights to the European Court of Human Rights in Strasbourg. “I already sent the documents for prosecution. After I get motivation, I will send the documents for civil action. I raise claims against the Romanian state to one million euros,” said Nistor, convinced he’s right.

Oradea considers that the decision to reject its action is influenced by family relationships between doctor and President of the Court of Appeal accused Cuj Valentin bribes.

On the other hand, lawyer Dr Mihaela Burzo, told OradeCluj the court decision is correct and that the doctor Stephen Florian has nothing to criticize about this case. “Some may appeal to the ECHR.’s His right. All procedures were followed, the operation was successful. Team searched for fragments of the broken knife, being convinced that all was discovered. In fact, the doctor saved the life of the patient, who came in a state of generalized sepsis. He came to operation with zero chance. reason Florian doctor called a secret meeting in the courtroom was only the desire not to reveal the patient’s medical problems. In fact, Nistor was suspected hepatitis before coming to operation, ‘said Burzo. Lawyer said he did not know if between his client and the Court of Appeal president, Valentin Mitea, there is any family relationship.

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Keywords: Ionel Nistor , malpractice , cluj , Stephen florian , Mihaela Burzo , Cluj Court of Appeal

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Comments (4):

ECHR [04/03/2012, 8:52 p.m.]
Keep us posted on what happens with your case to the ECHR?
Posted by: adi

Guinea pigs MEDICAL CRIMINAL SYSTEM IN ROMANIA [03.04.2012, 19:45]
In translates Romania malpractice law permissive, doctors defend the other doctors asked to judge them ignore the medical and patient. In America, the same term means million compensation paid by hospitals or insurance companies. Ads by INTERNET PROTV And that led to changing attitudes towards the patient’s doctor and especially to his job. Who is wrong, pays! In a healthcare system often criticized for its flaws, Americans have put patient care first. Romania is the country’s obedient patient, the doctor has full rights over it, and not palteste medical mistake: no doctor, no hospital and no insurance company which pays an annual fee. We live in a country not their repecta no patients, a country where time does not really mean anything malpractice. In America paid medical fault. Expensive. By insurance companies or hospital. Annually, the U.S., there are around 50,000 malpractice lawsuits, meaning losses of over $ 4.5 billion for 700 health facilities, from small to corporate hospitals. In Romania, even when a man dies and malpractice is obvious, do not speak of malpractice. Americans forlosit term malpractice is when a wrong diagnosis, inappropriate treatment, through neglect or bad management, but not informing the patient and the physician about the risks to which the subject. Medical error should lead to damage to “tangible”: not only physical pain or disability, but an extra bill or O. .. emotional disorder. It is known when a young cancer, which arrived at hospital where two years to treat indigestion and the emergency nurse asked her, according to a new protocol, if he wants to be an organ donor. The girl, who knew nothing of the new procedure, thought it was terminal and die, mistakenly associating her aching stomach cancer. He had a shock with parents and the hospital offset by $ 100,000, not open process. In America the law obliges doctors to properly inform the patient, to make him understand treatment. And this happens especially when the law gave strong leverage to protect citizens. Lawyers are making a fortune from medical negligence – receive fees up to 33% of the patient wins. Many hospitals reach agreement with patients to no damage to the image. Some insurance companies even refuse to work with hospitals that have a high rate processes and in this case spitelele close, because they are not paid consulatiile patients. All hospitals they take action, make their malpractice insurance, have a lawyer and risk management departments for hospital investigations. In our health facilities are not required to provide and pay compensation if the State. U.S. doctors to get malpractice insurance to pay for half of what wins. On November 1 is 60 per year, but if a fault insurance company pays only if the sentence is pronounced in this respect. In Romania malpractice law is more than form and made ??as if to defend the doctors. That to do justice, patient injured by a doctor should contact the court where he is forced to take medical certificate that you get sometimes after years. All court requires the expertise of a committee of experts, on which the injured party pays the big money and not paid a commission should review the theoretical results and give some resolution. Basically, doctors do not come to the commission for simply does not require one. And the process can take years for the patient, sometimes mutilated for life, not getting any help. College of Physicians, which should be a referee is actually doctor lawyer complained, and investigations are delayed and resolved advantage incriminated doctors. Since the founding of the College of Physicians and until today more than 50 doctors have left without the right to practice, although 500 complaints are filed annually. In most cases doctors choose to reprimand or penalty to pay. America is not a perfect system. On the contrary, is disputed by many. But what is most of all is respect for the patient.
Posted by: some IONEL

ECHR [27.02.2012, 11:42]
and I had a malpractice and the result was to pay ch. court, I sent the ECHR but was rejected and there
Posted by: adi

scalpel in column [21.11.2011, 10:17]
I AM CONVINCED OF CRIMINAL HEALTHCARE SYSTEM FROM ROMANIA, THE DOCTORS perversity. I was convinced of a judicial system wicked and perverse, brother of the above system. DO NOT KNOW, AND DO NOT BELIEVE IN ROMANIA DRUJBA SOMEONE WILL JUSTICE, cut brushwood of the 2 above system. THESE brushwood have no idea WHY are created on this earth, and why-Christ Jesus came on earth. These people live under ANIMAL! Strike value is ZERO POINT OF VIEW OF DIVINE! I’m sorry that I suffer WITH CONSEQUENCES OF FAMILY MEDICINE AND JUSTICE irresponsible! Where is your backbone?? I still I have the Grace of God! NISTOR IONEL
Posted by: some IONEL


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