How to file a complaint against a doctor or hospital

File your complaint with the institution that fits the type of problem you have. For a doctor’s conduct or professional error you go to the Colegiul Medicilor (College of Physicians); for the conditions and functioning of the facility, the Direcția de Sănătate Publică (DSP, the Public Health Directorate); for the refusal of services that should be covered, the Casa de Asigurări de Sănătate (CAS, the health insurance house); for your personal data, ANSPDCP; and for harm suffered, the malpractice commission or the courts. Choosing the right institution from the start saves you months of shuttling between counters.

The right to complain is not a favour — it is guaranteed by Legea nr. 46/2003 privind drepturile pacientului (Law no. 46/2003 on patient rights): you have the right to be informed, treated with respect, and to contest any service that fails to respect these rights.

Who handles what: a map of the institutions

Colegiul Medicilor — professional and ethical misconduct

The Colegiul Medicilor (College of Physicians) is the institution that judges how the doctor practised their profession: failure to observe the rules of ethics and deontology, inappropriate attitude toward the patient, errors in medical care from a disciplinary standpoint. The complaint is filed with the county college (for Cluj, Colegiul Medicilor Cluj), where a disciplinary board operates.

• What it can do: impose disciplinary sanctions — from a reprimand and warning to a fine or a temporary ban on practising the profession.
• What it CANNOT do: it does not award you money and does not cancel an invoice. For money you go the malpractice route or to court.
• Legal basis: Legea nr. 95/2006 privind reforma în domeniul sănătății (Law no. 95/2006 on healthcare reform), the title dedicated to the organisation of the College of Physicians.

DSP — the functioning and conditions at the facility

The county Direcția de Sănătate Publică (Public Health Directorate) oversees the health facility, not the doctor as a person: hygiene, ward conditions, the operating licence, compliance with sanitary standards, the schedule and organisation of services. If your complaint concerns dirtiness, lack of equipment, a practice operating in improper conditions, or the poor organisation of a service, DSP is the right address.

CAS — reimbursement and the services in your insured package

The Casa de Asigurări de Sănătate (health insurance house) checks whether the provider (hospital, practice, laboratory) complies with its contract with the public system. You turn to CAS when:

• you are asked to pay for a service that should be covered;
• you are unjustifiably refused a service in the basic package;
• you are asked for money for materials or investigations that fall under the protocol.

CAS can audit the provider and impose contractual sanctions on it.

ANSPDCP — your personal and medical data

If the hospital or practice disclosed, lost, or misused your medical data, the competent body is the Autoritatea Națională de Supraveghere a Prelucrării Datelor cu Caracter Personal (ANSPDCP, the National Authority for the Supervision of Personal Data Processing), which enforces the GDPR rules. Health data is a special category, strictly protected.

The malpractice commission and the courts — harm

When you have suffered harm (an injury, a worsening, a wrong treatment with consequences), you have two routes, which do not exclude each other:

• The professional monitoring and competence commission for malpractice cases, organised at the DSP level. On the basis of an expert report, it determines whether or not there was a case of malpractice. It is a faster route with no litigation costs.
• The civil court, for material and moral damages. For acts that may be criminal offences (negligent injury, taking bribes), you can also file a criminal complaint with the prosecutor’s office.

The civil liability of medical staff is also governed by Legea nr. 95/2006 (Law no. 95/2006) (the title on malpractice).

How to write a proper complaint

A well-made complaint increases the chances of being taken seriously. Whatever the institution, your complaint should contain:

• Your identifying details — name, address, phone, and contact email. Anonymous complaints may be rejected or treated only for information.
• Who is being reported — the doctor’s name and/or the name of the facility, the department, and the date and time of the events.
• A description of the events in chronological order, clear and free of emotion — what happened, when, who was present.
• The right that was violated — refer, if you can, to an article of Law 46/2003 or of the framework contract.
• The evidence attached — copies of medical documents, referrals, prescriptions, receipts, medical letters, and possibly witnesses.
• What you are specifically asking for — a review of the facts, a sanction, correction of a situation, an official response.
• The date and signature.

Practical tips:

• Keep the originals; submit copies. Ask for a registration number when you file.
• File in writing, at the registry or by email/post with confirmation, so you have proof of the date.
• You can send the same incident to several institutions if it touches on different competences (for example, the College for the doctor and CAS for reimbursement).

Deadlines to keep in mind

At the Colegiul Medicilor, a disciplinary complaint is usually filed within 6 months of the incident or of the date you became aware of its consequences. Procedural deadlines can change through legislation, so check them on the College of Physicians website before you file, so you don’t lose your right to complain.

For the courts, the general limitation periods of civil law apply; for a criminal complaint, the deadlines in the Code of Criminal Procedure. In these cases, an early legal consultation helps you avoid missing a deadline.

In brief

There is no single “complaints office”. The key is to put the problem before the institution that actually has the leverage to resolve it: the College for the doctor’s conduct, DSP for the facility, CAS for reimbursement, ANSPDCP for data, the malpractice commission or the courts for harm. A written complaint, documented and filed on time, is worth far more than ten verbal complaints.

Sources

• Legea nr. 46/2003 on patient rights.
• Legea nr. 95/2006 on healthcare reform (the organisation and functioning of the College of Physicians; the civil liability of medical staff and malpractice cases).
• Colegiul Medicilor din România (the College of Physicians of Romania) — cmr.ro; Colegiul Medicilor Cluj — the procedure and deadlines of the disciplinary board.
• Casa Națională de Asigurări de Sănătate (the National Health Insurance House) — cnas.ro; CAS Cluj — casan.ro (providers’ compliance with the framework contract).
• ANSPDCP — dataprotection.ro (the processing of personal and health data).