Πάντειο Πανεπιστήμιο Κοινωνικών και Πολιτικών Επιστημών
Περίληψη:
The issue of state liability as a sequence of negligence or actions of employees of the Greek state (or of Bodies governed by public law) has been discussed almost since the foundation of the Greek state of modern times. Nowadays state liability is legally founded in the Constitution and the Greek state is obliged to compensate for the damage caused by wrongful acts or wrongful failure to act of its employees. This liability system is based on the principle of equality according to which all Greek citizens equally participate in a potential damage suffered by an individual due to state’s activities• this goal is achieved by compensation paid from the state’s budget. During the past few decades a new perspective seems to arise in the field of state liability which is state liability caused by medical errors, namely errors committed by physicians working as employees in state hospitals.In Greek case law quite a few cases of state liability due to medical errors can be found concerning physicians of many different specialties, though mostly surgeons. Medical errors can sometimes cause serious damages extending from death to permanent disabilities and from the necessity to have more operations to the obligation to spend a lot of money for special care or specified treatments. In any case medical errors seriously affect the life of the prejudiced and his/her family and the damage these errors cause can be only partially compensated. Moreover the scientific reputation of the physician(s) involved is badly affected. Greek administrative courts have jurisdiction over cases of state liability due to medical errors. In order to reach a decision the court should examine the facts of each case and find out whether the conditions set by the law -under which state liability can be established- are met. According to the Greek Code of Civil Law that is applicable to state liability, the state is responsible for the wrongful acts or the wrongful failure to act of its employees whenever the latter have caused damage to a third part during their service. The state’s liability is vicarious. The court should also find out whether the physician(s) involved fulfilled the requirements set by the law, the standards set by medical science for each particular case and the rules of professional conduct, the so called “code of practice”. The judges cannot possibly have sufficient scientific knowledge in order to reach a rightful decision: in their difficult task, they are assisted by appointed experts who offer their medical point of view to the court. The judges generally respect the freedom of the physician– scientist to choose among many equivalent methods the treatment he/she prefers but they are more strict about following statutory duties and the rules of professional conduct.Only when all the above mentioned conditions are met does the court award compensation. According to the Greek law compensation for damages -both economical and moral- is awarded to the prejudiced. Sometimes the medical error can cause the death of the patient: in these cases, damages for pain and suffering are paid to the family of the deceased. During the last few years several times the Greek courts have awarded compensation, to the prejudiced or the family of the deceased, a large amount of money. It is noticeable that during these years the amount of money awarded as compensation by the Greek courts seems to rise. The state hospital, in which the medical error occurred, is responsible to pay. According to Greek laws the hospital may then turn against the physician(s) that committed the error and claim the money. A disciplinary procedure against the physician is also possible. The prejudiced though may sue the physician to the penal courts but not to the civil courts.Medical science is exposed to various risks and unexpected turns and it is undisputable that medical errors cannot be eliminated. Besides, ‘errare humanum est’. Medical errors may and should, though, be reduced as they cause serious damage to various parts.
Περιγραφή:
Διπλωματική εργασία - Πάντειο Πανεπιστήμιο. Γενικό Τμήμα Δικαίου, ΠΜΣ "Δίκαιο και Ευρωπαϊκή Ενοποίηση", κατεύθυνση Δημόσιο Δίκαιο, 2010
