Η ασφάλιση της επαγγελματικής αστικής ευθύνης : γιατροί-δικηγόροι-μηχανικοί-λογιστές

Abstract

In public mind, malpractice is most frequently associated with medical professions, although the law of professional malpractice extends across a wide range of specialized, professional activities. Nowadays, a large number of professionals, such as doctors, lawyers, engineers/architects and accountants can be held liable against their patients/clients for failing to follow professional standards generally accepted by science and/or imposed by law or contract. Moreover, although the liability of a professional is ordinarily governed by contract, he/she may yet be liable to a third party despite the absence of any direct contractual relationship with such party. An effective defense to the “risk” of malpractice liability resulting from negligent act or omission seems to be the Professional Liability Insurance. This paper presents in detail the concept of risk involved in the traditional activities of professionals more often exposed to malpractice liability. At the same time, it analyzes the legal framework (being the Greek Civil Code and article 8 of Law 2251/1994) on the grounds of which clients/patients or even third parties may claim compensation for damages (material and moral) caused by such professionals’ negligence. In addition, the meaning of Professional Indemnity Insurance, the characteristics of this type of contract (insurance contract) and certain terms thereof such as “claims expenses” (attorneys’ fees, court costs, adjudicated compensations), “claims made” and the special legal bonds between the parties involved are some of the most important topics of this paper. Moreover, we approach the issue of the necessity of the Professional Liability Insurance becoming compulsory for reasons which relate not only to the protection of the professional’s property but also to the quality of the services provided to consumers. Lastly, this paper deals with the impact of European Union legislation to the internal (Greek) law as well as with the equally important aspects of the competent jurisdiction and applicable law regulating such insurance contracts.