THE LAW OF MEDICAL LIABILITY

Specific Foundation / Core

After the successful completion of the course the students will: - be familiar with fundamental concepts of medical liability, such us medical malpractice and negligence, patient's informed consent - have understood the basic particularities of medical liability in comparison with other cases of professional liability - gain an overview of the subject (civil, criminal and disciplinary liability, liability insurance) - be able to develop arguments and resolve legal cases on issues concerning the materials covered in the course.

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

06-05-2021