Commentary on Order No. 17634 of 2024: Accounting Liability and Indemnity Actions Against Healthcare Professionals

The recent Order No. 17634 of June 26, 2024, issued by the Court of Auditors, offers an important interpretation regarding accounting liability towards healthcare professionals, clarifying the implications of indemnity actions by healthcare administrations. This ruling is particularly significant, especially in the context of Law No. 24 of 2017, which introduced important changes to professional liability in the healthcare sector.

Distinction Between Accounting Liability and Indemnity Action

The Court has established that accounting liability actions against healthcare professionals are admissible even for the period preceding the entry into force of Law No. 24 of 2017. However, this does not preclude the administration from also pursuing civil indemnity actions against doctors. The two actions are distinct and autonomous, pursuing different objectives and interests:

• Accounting Liability Actions: aim to ensure the proper functioning of public administration and the correct use of public resources.
• Indemnity Actions: are intended to compensate for damages suffered by the administration, without punitive purposes.

In general. Accounting liability actions against healthcare professionals, admissible even under the regime prior to the entry into force of Law No. 24 of 2017, do not preclude the administration from pursuing ordinary civil liability actions, as these are distinct, autonomous actions aimed at protecting different interests. In the first case, these interests are public and general, relating to the proper functioning of the Public Administration and the correct use of resources. In the second case, they remain confined to the plaintiff Administration, which acts not for punitive purposes, but solely to obtain full compensation for the damage suffered. If exercised cumulatively, these actions are subject to the limitation of the prohibition of duplicating indemnity claims, taking into account, with a reducing effect, any amounts already awarded in other proceedings.

Practical Implications of the Ruling

This clarification by the Court of Auditors has significant implications for healthcare administrations and professionals in the sector. The possibility of cumulating accounting liability actions and indemnity actions offers public bodies a more effective tool to protect their interests and ensure the proper use of resources. However, it is crucial to pay attention to the prohibition of duplicating indemnity claims, thereby avoiding the risk of excessive or unfounded demands.

Conclusions

In conclusion, Order No. 17634 of 2024 represents an important step forward in defining responsibilities in the healthcare sector. The distinction between accounting liability actions and indemnity actions is crucial for ensuring the proper functioning of public administration and protecting the rights of the administrations themselves. It is essential for professionals in the sector to understand these distinctions in order to operate effectively and in compliance with current regulations.