The offence of bodily injury of gross negligence committed by the medical staff by the non-performance of their job duties adequately. Rejection of the request for ordering the change of the legal classification of the deed into the dereliction of duty

DREPT PENAL ŞI PROCESUAL PENAL

Abstract

The criminal action consisting in the fact that, on 17 October 2012, as physician within the Emergency Unit of the D. County Clinical Emergency Hospital, the defendant did not adequately perform his job duties as regards B., respectively he did not perform the laboratory analysis (blood count) needed for the determination of the diagnostic, which led to the aggravation of the injured person’s health, who was subsequently hospitalized 
on the same day within the hematology section with the diagnostic of hemorrhagic syndrome, gingival bleeding, thrombocytopenia, being discharged with the diagnostic of acute idiopathic thrombocytopenic purpura, hemorrhagic stroke and hematemesis, melena, being classified as permanently advanced disabled, since he remained with a permanent physical disability, meets the constituent elements of bodily injury of gross negligence, provided for by art. 196 para. (2), (3) of the Criminal Code, in application of Article 194 para. (1) letter a) of the Criminal Code and Article 5 of the Criminal Code.