Medical malpractice is a complex and important area of law, with direct consequences for patients and healthcare professionals. Doctors, nurses, and other healthcare providers are obligated to make informed decisions based on accurate information, having adequately informed the patient and obtained their consent.
Under Greek law, cases of medical malpractice are governed by the Civil Code, specifically by the provisions on tort liability (Articles 914-923). Those affected by medical malpractice have the right to claim compensation for the material damages and moral harm they have suffered. When found liable, doctors may also face criminal penalties under the Penal Code (Articles 302 for manslaughter due to negligence and 314 for bodily harm due to negligence).
The practice of medicine is often influenced by the fear of lawsuits, which leads many healthcare professionals to practice defensive medicine. This practice, where doctors make decisions primarily to protect themselves from potential claims, violates the principles of medical ethics and can jeopardize the quality of care provided.
To address medical malpractice, it is essential to conduct a fair and objective assessment of each case, based on medical data and expert testimonies, in order to limit accusations and ensure trust in the healthcare system.
Patients have the right to receive high-quality medical care based on scientifically proven practices and in accordance with professional standards. However, when medical errors or omissions occur, leading to serious health consequences or risking the patient's life, patients have the right to seek compensation and demand justice. Proper patient education about their rights and the provision of legal support are critical to ensuring justice and restoring trust in the healthcare system.
