The Institute of Mother and Child would have to pay 200 thousand lei – moral damage, for admitting obstetric and gynaecological violence

The Chisinau City Court, Centre seat, has partially admitted the civil action filed by EM against Public Medical and Health Institution (IMSP) ‘Institute of Mother and Child’*. By the court’s decision, it was ordered to charge from the account of the Institute of Mother and Child the amount of 200 thousand lei as moral damages. According to the Promo-LEX lawyer, the court’s decision is a first in Moldova.

The facts of the case took place in December 2017. The case refers to circumstances of obstetric and gynaecological violence that took place in the premises of IMSP Institute of Mother and Child, “where the victim had an abortion in the toilet of the medical institution without medical and psychological assistance,” Promo-LEX notes.

Previously, Promo-LEX lawyers had reported a number of violations in this case, including: “lack of supervision and monitoring of the patient, abortion without the assistance of the doctor, nurse and anaesthesiologist, negligence regarding pre-operative haemorrhage, premature discharge, being forced to procure medication on one’s own and negligence in the post-abortion period. Serious violations of the right to information, counselling and psychological support were also established, as well as manipulation with medical data and documents,” a press release from the Association states.

“The EM case is the first in which the court orders the recovery of moral damages as a result of obstetric and gynecological violence committed by a public medical institution. Obstetric and gynaecological violence continues to be a problem for the medical system and must be addressed urgently and through systemic rather than reactive reforms,” according to Promo-LEX Association lawyer Vadim Vieru.

At the same time, the Promo-LEX Association expresses its solidarity with women who have gone through similar experiences and hopes that the phenomenon of the poor quality of medical care for pregnant women, especially during childbirth, will be brought to the attention of the authorities and that they will work hard and diligently to remove the problems and improve the situation.

The association reiterates that the healthcare system “must be improved to ensure the highest possible standard of quality”. “In particular, there is a need to reconceptualise the doctor-patient relationship, to provide psychological support and counselling, as well as access to qualitative and publicly accessible information,” Promo-LEX stresses.

The decision of the Chisinau Court, Centre headquarters, is not final and irrevocable.

Legal assistance in this case was provided by lawyers and advocates from Promo-LEX.

*IMSP Institute of Mother and Child, is the national (republican) level institution in the field of obstetrics, gynaecology, neonatology and paediatrics (somatic and surgical).