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You got hurt in a household accident and end up in the hospital? Pay, even if you’re assured: “the Legislation is incomplete”

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A pensioner from Timişoara, to arrive at the hospital with a fractured vertebra, an injury suffered while helping the neighbors to pick the grapes, he received at discharge from the hospital, a notification by which it was notified that it must bear the cost of hospitalization, even if it is insured. The reason: the injury of the woman has occurred while this provision of undeclared work.

“In Romania, as in the whole of the European Union, social health insurance does not cover the costs with accidents or injuries caused by negligence; in this category include all types of accidents, road, workplace accidents, as well as accidents sports. In the case of road accidents, the costs are covered by the insurance MTPL or CASCO insurance, in case of work accidents, the costs are covered by the Ministry of Labour, and in the case of accidents, sports, insurance of risk for the sporting activities. In the case in which the person concerned carries out undeclared work, you will have to bear the costs of hospitalization”, it shows in the notification by which the woman was notified that I have to pay more than 3,000 lei for hospitalization.

If pensionarei in Timisoara, thus, revealed the fact that any person suffering damage as a result of a household accident, for example, can be made to pay the hospitalization. For instance, a pensioner who gets to be admitted in a result of injuries sustained while he broke the wood for the warm up, you need to receive to discharge a notification with the costs of hospitalization and a deadline for payment. A woman who suffers bodily injury while cooking, pour in the mistake hot water on my feet and get to be admitted in the hospital, is notified that he must pay the costs of hospitalization, even if it is insured. A man who ends up in the hospital after he hurt repairing and the fence must receive the notice by which it is notified of the hospitalization costs. And the examples can continue indefinitely.

the legal Provision under which this happens is the art. 320 of the Act 95/2006, regarding the reform in the field of health: “People who by their deeds bring damage to health of another person, as well as damage to the health of their own people, of manslaughter, the answer according to the law and have the obligation to repair the damage caused to the provider of medical services representing the actual expenditure incurred for the medical care provided. The amounts of actual expenditure will be recovered by the providers of medical services. For disputes having as object the recovery of these amounts, the providers of medical services shall be subrogated in all rights and obligations proceeding of the houses of health insurance, and acquire the locus standi of them in all the processes and applications residing on the role of the courts, regardless of the phase of judgment”.

the Jurist of the County Hospital Timişoara, Title Bartulov, explained that in the case of personal injury suffered as a result of road accidents, the hospital shall constitute a civil party in the criminal process for the recovery of the costs of hospitalization. In the case of patients who have suffered other bodily injury, the person guilty of producing bodily injury is not known, the patient is notified that it must bear the costs of hospitalization.

“the Procedure is in the following way. The patient is admitted. The hospital shall provide such medical care and all that is necessary, and at discharge shall be issued to a notification issued by the legal office and signed by the manager of the institution by which i shall bring to your attention that in the case in which it is under the incidence of art. 320 must respond and repair the damage caused. The hospital is obliged to notify the patient and can act in court because only a court will determine if the patient will fix or not damage, or if he had someone or not a fault in producing the injury”, said Such a Bartulov.

According to the jurist of the County Hospital Timişoara, the patient has a time limit in which you have to pay the costs of the hospitalization, the hospital with the possibility that after the expiry of the period to head to court to ask judges to establish who is guilty of causing the injury. Title Bartulov said, however, that the hospital is headed to court, most times the expenses remaining in the hospital.

“the Legislation is incomplete, and the problem is at the national level. There is now a decision of the HCCJ which tries to address a few issues. The person who has suffered a personal injury will not be able to be obigată to pay the costs occasioned by the costs of hospitalization when the author is not known or the person has withdrawn the complaint. the If you are fighting two people, and the victim ends up in hospital and subsequently withdraws the complaint, the expense remains in charge of the hospital. We are faced with very many cases and legislation is incomplete. It is an item around which we spin at the national level”, she said, Such a Bartulov, according to which although the hospital can open processes for gained the the cost of hospitalization in case of personal injury, this has not happened. “We’re at the stage where we’re setting up a civil party in the context of criminal cases”, said the Title Bartulov.

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