After succesfully attending the lesson, students will
- be familiar with fundamental concepts of medical liability, such us medical malpractice and negligence, patient's informed consent
- be conscient of basic particularities of medical liability in comparison with other cases of professional liability
- have a global concept of the subject (civil, criminal and disciplinary liability, liability insurance)
-have a first contact with the perception of medical liability by the medical profession
- be capable to encounter a malpractice case on a theoretical as well as on a practical level
Course Content (Syllabus)
Coordinator:Katerina Fountedaki, Professor of civil law.
1st part: medical civil liability, Katerina Fountedaki, Professor of civil law, 4 weeks
1st week: introduction to professional liability. Notion of medical malpractice / its integration in the system of civil liability
2nd week: Criteria and Typology of medical malpractice, with reference to the decision of the civil courts. Special malpractice cases. art. 8 of law 2251/1994 (consumers protection law)
3d week: Informed consent. Definition, legal basis, persons entitled, capacity. Impossibility to consent and refusal of consent. Patient's information. The civil law consequences of the lack of patient's informed consent
4th week: Liability of private clinics and hospitals. Wrongful life/ wrongful birth cases
2nd part: Criminal liability, M. Kaiafa-Gbandi, Professor of Criminal Law, 4 weeks
1st week: Medical negligence and criminal liability-I: general conditions of criminal liability. Malpractice as legal basis of criminal liability. Distinction of complication- Relation btween liability and other condidions of medical liability
2nd week: Medical negligence and criminal liability II: jurisdiction on criminal criminal liability: critical points and improvement perspectives.
3d week: Medical negligence and criminal liability III: Special issues of medical negligence. Medical liability in the ER. Liability of doctors in internship
4th week: Medical negligence and criminal liability IV: Medical criminal liability of many ορ convergent actors
3d part: Civil liability of public hospitals/ Ass. Professor Kon. Gogos, lecturer I. Mathioudakis/ 2 weeks
1st week: art 105 Int.L.C.C in public hospitals. Non compliance with lege artis as breach of law
2nd week: Analysis of administrative courts' decisions on liability of public hospitals
4th part: Insurance of medical liability. Professor R. Hatzinikolaou- As. Professor Efi Tziva, 2 weeks
1st week: The concept of Insurance of medical liability. Conclusion of contract, contracting parties, policyholder, insurance company. Particularities of medical liability insurance. Righs and duties of the parties. Content and range of the insurance coverage. Ιnsurance case in medical liability insurance. The notion of damaging fact in civil and insurance law, similarities and differences. Range of insurance coverage.
2nd week: Clauses :claims made" and "occurrence". Adaptation to greek law. Ex tunc insurance and posterior insurance coverage. Principal of separation of trials concerning medical liability and insurance. Particular cases of medical liability insurance, such as insurance in medically assisted procreation and in clinical trials.
5th part: Synthesis. The future of medical liability in Greece, 2 weeks
1st week: The perception of medical liability by the doctors' community. Invited speakers Vassilis Tarlatzis, Professor of Medicine, E. Zaguelidou, head of forensics dpt. Discussions with all participants.
2nd week: Proposals for a new system of medicali liability (all participants)
medical liability, medical malpractice, negligence, tort, injury, hospital, insurance, informed consent
Course Bibliography (Eudoxus)
"1. Η ιατρική ευθύνη στην πράξη, Νομική βιβλιοθήκη, Αθήνα 2010. Κω-
δικός Βιβλίου στον ΕΥΔΟΞΟ: 41959264
2. Ο νέος Κώδικας ιατρικής δεοντολογίας, Δημοσιεύματα Ιατρικού Δι-
καίου και Βιοηθικής 1, εκδ. Σάκκουλα, Αθήνα/Θεσσαλονίκη 2006. Κωδι-
κός Βιβλίου στον ΕΥΔΟΞΟ: 34524
3. Ιατρική ευθύνη από αμέλεια (Αστική- Ποινική), Νομική Βιβλιοθήκη,
Αθήνα 2013. Κωδικός Βιβλίου στον ΕΥΔΟΞΟ: 41959655
4. Αικ. Φουντεδάκη, Αστική ιατρική ευθύνη , εκδ. Σάκκουλα, Α-
θήνα/Θεσσαλονίκη 2003. Κωδικός Βιβλίου στον ΕΥΔΟΞΟ: 25095
5. Ε. Τζίβα, Ασφάλιση ιατρικής ευθύνης, Νομική Βιβλιοθήκη, Αθήνα
2014. Κωδικός Βιβλίου στον ΕΥΔΟΞΟ: 41962998"