Ιατρικό λάθος και αποζημίωση

Abstract

Medical error is an everyday phenomenon. Doctors apart from professionalsare humans and making an error is always a possibility. Nevertheless,negligence is not acceptable.In this paper, entering the field of medical malpractice, we focus on thefundamental concept “medical error” and its legal consequences. We examinethe categories of medical error and under which specific terms the patientvictimof medical error has the legal right to seek compensation for the damageoccurred to his (physical and mental) health.We analyze the legal bases of the patients’ claim. According to theGreek Civil Code (art. 335, 914, 932) as well as article 8 of Law 2251/1994(“Responsibility of the service provider”) the plaintiff is entitled to damageswhich cover economic (mainly medical expenses) and non-economic harm(moral damage).In addition, we approach special topics, like the case of “wrongful life”,the hospitals’ responsibility, the physicians’ insurance against civil liability andthe economic analysis of medical errors.