Claiming compensation for medical malpractice is an area that combines the difficult disciplines of medicine and law in the most demanding way. Because it concerns the most precious asset, the health of the victim, but also the risk to the reputation of the doctor and the hospital, the management of medical malpractice compensation cases requires the highest professional standards. For the same reasons, the courts handle these cases very carefully.

In Greece there has been an ever-increasing trend in recent years of managing medical malpractice cases. Although there is a significant lag in our society with the corresponding practices in other developed countries, patients are increasingly aware of their rights and demand their justice. A large proportion of Greeks are not even aware that it is possible to successfully manage medical malpractice cases in our country. At the same time, Greek courts are issuing more and more medical negligence judgments, while the number of doctors and hospitals covered by insurance is increasing, thus freeing this management from the emotional factor.

Medical malpractice requires a high-level collaboration of competent and experienced forensic doctors, medical experts, expert witnesses, technical consultants and qualified lawyers. Medical documentation within a legal framework and comprehensible, knowledgeable and therefore effective communication within the court is key to the court's understanding of each case in order to do justice and to take all steps to make the best possible reparation for the injury. The preparation should be perfect to be able to respond to the defense's questions.

Insurance companies, in their effort to minimize the compensation you deserve may try various ways of approaching you through "very friendly" intermediaries like lawyers, claim managers or social workers.
Your interests are, however, in complete contrast with theirs. Do not agree to anything unless you receive an advice from us. Our specialist will examine and propose without any commitment from your side how to support you best to maximize your satisfaction. Even if you agree formally on something and your medical condition worsens, there may be ways to re-negotiate but it will be more difficult.

In case that, due to the accident you cannot move, a partner of All Accidents can meet you on the location you will indicate, at home or at a medical or rehabilitation facility.
Whatever the cause of the accident may be, resulting in injury or even in death, you can call today at +30 210 7212175 or at +30 6983 077459 for a professional advice. We operate on the principle of No Win, No Pay, so you do not undertake any commitment!
All Accidents will immediately begin investigating the circumstances surrounding your accident and build a strong base for the satisfaction of your claim.

Medical Error, Medical Mistake, Medical Negligence or Medical Liability is the culpable violation by the physician of the rules of medical science and experience or lack of payment of the required diligence in general, owed by the average prudent representative of the circle to which the physician belongs, who by his action or omission caused damage to the patient resulting in physical injury to the patient or even his death.


There are three levels of legal liability of physicians in the treatment of their patients:
1st, the disciplinary liability of the physician towards professional bodies, such as the country's medical associations for violations of the duties and obligations imposed by the Code of Medical Ethics.
2nd, civil liability towards the patient when the doctor causes damage to the patient in the course of his/her practice, in which case an obligation to pay compensation arises, and finally,
3rd, criminal liability, on the basis of which the state investigates the violation of medical provisions concerning the infringement of the patient's legal rights, such as causing bodily harm or death, with penalties that have a repressive character.
Of course, a patient who considers that he or she has suffered some harm as a result of medical error usually has recourse to both civil and criminal justice in order to seek respectively reasonable compensation and the criminal conviction of the doctor.

In all cases, the existence of a doctor's liability to the patient is sought on the basis of certain conditions, which a Court will consider in order to determine whether or not a doctor is liable for an injury caused to a patient.

The first parameter that will be considered is whether the doctor performed all the necessary acts in diagnosing and treating or operating on a patient. In other words, it is examined whether the doctor acted in accordance with the rules of medical science (lege artis). The doctor, in the practice of medicine, acts with complete freedom, within the framework of the generally accepted rules and methods of medical science, as they are formulated on the basis of the results of applied modern scientific research. He shall have the right to choose a method of treatment which he considers to be significantly superior to another, for the patient in question, on the basis of the current rules of medical science, and shall refrain from using methods which are not sufficiently scientifically documented. The standard of responsibility established for the medical practitioner is not that of the average person but of any prudent and diligent medical practitioner.

It should also be pointed out that once a doctor can be considered as a practitioner, i.e. he has at least assumed the care of the patient by the circumstances, he has a special legal obligation to take all appropriate steps that may contribute to the restoration of the patient's health or the preservation of their life (Article 15 CPC).

The second aspect is the duty of truthfulness towards the patient. The physician must fully and intelligibly inform the patient about the actual state of his/her health, the content and results of the proposed medical action, the consequences and potential risks, the complications of its performance, the alternatives, and the possible time of rehabilitation (Law 3418/2005, Article 11). The use of medical terms by the physician in the context of the duty to inform the patient has also raised a question.

The third aspect is the patient's informed consent. Consent is directly related to the duty to inform the patient, because if the doctor has failed to mention certain things to the patient, his consent will be invalid as a product of error. Both the issue of information and the issue of consent are related to the so-called 'therapeutic privilege' of the doctor. According to this, the doctor may withhold the truth from the patient or limit the extent of the information to which the patient is entitled under the above-mentioned provisions, if he or she considers it to be in the patient's interest and medically advisable.

Fourth, the physician's actions or omissions with respect to the previously disclosed should be causally related to the patient's harm or death. That is, it should be those actions or omissions that led to the outcome, not some third factor such as an infection or damage to hospital equipment.

Fifth, it should be clarified that the contractual liability of the doctor is not a liability by result, as the content of his obligations is the attempt to achieve a positive result and not its ultimate achievement. That is to say, what will also be judged is not whether the patient ultimately recovered from any illness, but whether there was a proper scientific treatment of the case. Even if the patient died.

In summary, the doctor can be held liable if he or she acted with due care and diligence.

If you believe that a case of medical malpractice is substantiated you should:
a) request the medical documents relevant to your case. Collect opinions, examinations, prescriptions and anything relevant.
b) document with photos or video the injury you suffered. We will need to define it accurately later, with the help of our experts and alignment with the legal team.
c) talk to your doctor and try to understand how he/she sees the situation. Each doctor has a duty to explain to you simply and clearly what they diagnosed, what steps they took and how they consider the outcome.
This discussion will allow you to soberly assess whether you have a basis for a claim or whether what happened was within the scope of a prudent medical response.
d) if you believe there is medical error to some extent then:
   record the facts and
   contact us as soon as possible to discuss your case
e) we will bring in the experts who will determine whether there is indeed a basis or your case is bordering on mootness.

Our philosophy is to be militant but at the same time absolutely honest!



Visit us without appointment to be sure what's going on!

Analysis and information on issues related to Medical Negligence, claims and compensation can be found in our archive:

Compensation for medical negligence keep on increasing
Every medical error in Greece "costs" 305.000 Euros
Compensation of 1.303.000€ for medical error includes father and mother in law
Awards for claims for incredible medical errors in surgery at Greek hospitals
30.000 € for loss of one eye due to dentist's tragic error
146.000 € from doctor to patient who died 

Eur 400.000 compensation for medical error