It concerns the relatives of a 20 years old soldier of armored vehicles from Thessaloniki who died in Alexandroupolis due to medical error. The military and administrative courts awarded the total sum of € 839.000 as compensation for mental anguish to parents and other relatives.
The purulent hypertrophic tonsils of the unfortunate soldier, due to indifference and medical negligence, developed into myoperikarditida, which within five days led to his death.
The military doctor was proven guilty by the five-member Appeals Court of Xanthi (Military) with 4 votes against 1 for manslaughter (the decision became final by the Supreme Court) - and that's because the military doctor (and head of the unit) acted recklessly.
Compensation of relatives except from the uncle
After this tragic outcome, relatives went to court claiming damages for mental anguish suffered by the loss of the unfortunate child.
The parents claimed € 510,000 each, the two brothers € 340,000, Grandpa and uncle € 170,000 and € 209,000 (in total € 2,079,000).
The administrative court awarded € 260,000 to each of the parents, € 140,000 for each of the siblings, € 30.000 to his grandfather and € 9.000 to his uncle (a total of € 839,000). However, after appeals and counter appeals by both parties (Public and relatives), the administrative courts of appeal and the Council of State upheld the level of damages awarded to the relatives, except of that to the uncle (€ 9000). The Council of State has accepted the assertion of the state that the uncle was not entitled to compensation, as it is not in the legal sense part of "the family of the victim". This is because, according to the civil code, in the concept of the family of the victim do not belong anyone else apart from relatives of the first degree by marriage and second grade consanguinity.