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Civil Liability For Medical Errors In The Field Of Facial Surgery In Greece

Author

Listed:
  • Spyridon VLACHOPOULOS

    (Associate Professor, Faculty of Law, University of Athens, GREECE)

Abstract

As health is the primary and fundamental human right, the importance of moral damages in cases of insults of human health is reflected on the wording of article 932 of the Civil Code: “in case of tort, irrespective of any compensation for financial damage, the court may award at its discretion reasonable monetary compensation for moral damage. This applies especially to anyone who has suffered health damage”. In the particular field of facial surgery, article 931 of the Civil Code is of particular importance, according to which “the disability or the deformity caused to the victim is taken into account when awarding the compensation, if it affects his future”, that is his professional, financial and social development. Someone could reasonably assume that the economic crisis would not leave unaffected the monetary amounts awarded by court decisions against the State (or legal entities of public law) and in favor of individuals . Therefore, it would be expected that this effect would extend also to the field of civil liability of public hospitals due to medical errors, thus reducing the amount of monetary compensation due to moral damage or mental suffering

Suggested Citation

  • Spyridon VLACHOPOULOS, 2015. "Civil Liability For Medical Errors In The Field Of Facial Surgery In Greece," Curentul Juridic, The Juridical Current, Le Courant Juridique, Petru Maior University, Faculty of Economics Law and Administrative Sciences and Pro Iure Foundation, vol. 63, pages 67-73, December.
  • Handle: RePEc:pmu:cjurid:v:63:y:2015:p:67-73
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    File URL: http://www.upm.ro/facultati_departamente/ea/RePEc/curentul_juridic/rcj15/recjurid154_5F.pdf
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    More about this item

    Keywords

    civil liability; medical malpractice; facial surgery; Greece;

    JEL classification:

    • K - Law and Economics

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