CIVIL LIABILITY FOR MEDICAL ERRORS IN THE FIELD OF FACIAL SURGERY IN GREECE

Spyridon Vlachopoulos
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Spyridon Vlachopoulos: Associate Professor, Faculty of Law, University of Athens, GREECE

Curentul Juridic, The Juridical Current, Le Courant Juridique, 2015, vol. 63, 67-73

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

Keywords: civil liability; medical malpractice; facial surgery; Greece (search for similar items in EconPapers)
JEL-codes: K (search for similar items in EconPapers)
Date: 2015
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