The limits of the official medical report added to the drawing of biological investigation in order to determine the degree of ethylic intoxication

• Author: Camelia Buhas - Gabriel Mihalache - Carmen Radu
• Position: PhD, head of papers, Faculty of Medicine, Oradea - PhD., University Lecturer, Faculty of Medicine, Oradea - PhD, University Lecturer, Faculty of Medicine, Oradea
• Pages: 84-85

84

THE LIMITS OF THE OFFICIAL MEDICAL REPORT ADDED

TO THE DRAWING OF BIOLOGICAL INVESTIGATION IN

ORDER TO DETERMINE THE DEGREE OF ETHYLIC

INTOXICATION

PhD Camelia Buhas – head of papers,

Faculty of Medicine, Oradea

PhD. Gabriel Mihalache – University Lecturer,

Faculty of Medicine, Oradea

PhD Carmen Radu - University Lecturer

Faculty of Medicine, Oradea

Abstract:

The new procedures of gathering the biological investigations for

establishing the alcoholism are very clear and apparently very complicated and

laborious. In fact, it is all about the use of standard medical kit for gathering

blood, in order to establish one’s alcoholism, or for gathering urine, in order to see

whether one has used drugs or not. This medical kit also contains an official

medical examination report of the subject. Its columns are rather formal and under

no circumstance can be used as a legal proof in a law suit, because it contains

collocations as: “it seems”, it doesn’t seem”, “possible”, etc. The authors suggest

the adding to the official medical examination report of some more eloquent and

revealing columns regarding the actual health condition of the patient.

Key words: biological investigation, ethylic intoxication, medical

examination

From our practice, we realized that the only real proof taken in

consideration in a lawsuit of a driver, pedestrian or other traffic participant is the

alcohol test result.

The actual Road Code says that, together with the drawing of biological

investigation in order to determine the degree of the ethyl intoxication, the person

has to make a medical test examination this medical examination is made by the

same doctor who takes the patient’s blood for tests. The examination consists in

interviewing the subject and filling the form’s columns. In the first section of the

form, the doctor writes the victim’s personal information, the time when the car

accident took place, and the time of when the first blood sample and the 2nd blood

sample were taken. The time when the two blood samples were taken is crucial

when a retroactive calculus is necessary. The retroactive calculus establishes the

victim’s alcohol test result at the time when the person was involved in the road

accident. If more than 30 minutes pass from the time when the accident to the

drawing of the biological investigation, we cannot be sure of the real value of the