Moldova Bill Proposes Compensation for Medical Errors Without Court
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Bill: Patients Will Be Able to Receive Compensation for Medical Malpractice Without Going to Court  

Patients who suffer harm as a result of a medical procedure could receive compensation through an out-of-court procedure, without being required to prove the fault of the doctor or the medical institution. This mechanism is provided for in a draft law that proposes the establishment of a Compensation Fund and a specialized commission to review claims.
Svetlana Rudenco Reading time: 2 minutes
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Ana Oglindă and Adrian Belîi

Ana Oglindă and Adrian Belîi

The bill was drafted by Deputies Adrian Belîi and Ana Oglindă, members of the Committee on Social Protection, Health, and Family. The document transposes the provisions of the EU Directive on the application of patients’ rights in cross-border healthcare.

According to the bill, a patient or a person entitled to compensation may file a claim within three years from the time they became aware of, or should have become aware of, the harm. The review of the claim will be free of charge, and the Commission will be required to issue a reasoned decision within three months at the latest. In justified cases, this deadline may be extended once by a maximum of two months.

Compensation may cover both material and non-material damages. In calculating the amount, the following will be taken into account: expenses incurred by the patient, lost income, the severity and duration of the health impairment, the degree of disability, physical and psychological suffering, as well as the impact on personal, family, and professional life.

Compensation Fund

The funds would be paid from a Compensation Fund administered by the National Health Insurance Company. The fund will be financed through mandatory contributions from healthcare providers. The draft bill calls for a contribution of 0.1% of revenues from primary healthcare and 0.2% for other healthcare services.

According to the calculations presented in the document, the contributions could generate approximately 339 million lei for primary health care and an additional 12.5 million lei for other health care services.

As an example, the authors of the bill cite the experience of Lithuania, where the out-of-court patient compensation system has been in operation since 2020. In 2025, 341 new claims were filed, and the Commission issued 302 decisions, 80 of which were in favor of the claimants. The total amount of compensation awarded exceeded 990 thousand euros.


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