Medical Malpractice in Greece

Medical malpractice (medical error) is one of the most serious and sensitive issues that patients and healthcare professionals may face. In Greece, every year, numerous cases are reported where patients seek compensation for harm suffered due to alleged negligence by doctors or healthcare institutions. The consequences can be severe, ranging from serious health damage to loss of life, and the legal handling of such cases requires particular attention.

In this guide, we explain what constitutes medical malpractice, how it is legally addressed in Greece, what rights patients must claim compensation, and what the liabilities (and possible defenses) of doctors and hospitals are. Everything is presented in clear language but with the necessary precision, so that it is useful both for patients and healthcare professionals seeking legal guidance in this field.

 

What Is Medical Malpractice?

Medical malpractice exists when a doctor or other healthcare professional fails to provide services according to the required standard of care, that is, when their actions deviate from what a prudent and experienced professional of the same specialty would have done under similar circumstances.

In simple terms, it refers to mistakes or omissions in diagnosis or treatment that could have been avoided if proper medical practices had been followed.

Common examples of medical malpractice include:

• Misdiagnosis or delayed diagnosis of a disease, resulting in loss of valuable treatment time.
• Incorrect prescription or administration of medication (e.g., wrong dosage or drug), causing harm to the patient.
• Surgical errors, such as performing surgery in the wrong area or unintentionally damaging organs during the procedure.
• Negligence during childbirth (obstetric malpractice) leads to injury to the mother or newborn.
• Failure to properly inform the patient of the risks of a procedure or treatment, resulting in the patient not providing informed consent.

It should be noted that not every medical complication or undesired outcome constitutes negligence. Medicine inherently carries risks, and not all negative results stem from mistakes.

However, medical liability arises when the commonly accepted rules of medical science, defining how a doctor should act under specific circumstances, are not followed. In such cases, the injured patient may seek justice through the courts.

 

Legal Framework: Civil, Criminal, and Disciplinary Liability

Under Greek law, a doctor’s liability for negligence has three dimensions: civil, criminal, and disciplinary. Each corresponds to a different procedure and potential consequence.

• Civil liability: This refers to the obligation to compensate the patient and is governed by the Greek Civil Code, in particular, Article 914, which states that “whoever unlawfully causes damage to another is obliged to compensate them.”
  Medical liability is considered a special form of tort liability, occurring when a doctor or hospital unlawfully causes harm to a patient. The injured party may file a lawsuit seeking compensation for moral damage (pain, distress, humiliation) as well as material damage (medical costs, lost income, etc.).
• Criminal liability: If the negligence is serious, especially if it caused bodily injury or death, it may constitute a criminal offense. There is no specific “medical negligence” crime in Greek law; such cases fall under the general provisions for bodily harm by negligence or manslaughter by negligence. The criminal process typically begins with a complaint by the patient or their relatives, followed by an investigation and trial. The accused doctor always enjoys the presumption of innocence until proven guilty.
• Disciplinary liability: Separately from civil or criminal proceedings, a doctor may also face disciplinary sanctions. The Code of Medical Ethics (Law 3418/2005) sets out the professional duties of doctors. In cases of breach, the local Medical Association may initiate disciplinary action. Disciplinary penalties range from a warning to temporary or permanent suspension of the license to practice, depending on the gravity of the violation.

It is important to understand that these three procedures (civil, criminal, disciplinary) may proceed independently. A doctor may, for instance, be acquitted in criminal court yet still be found liable in civil court, as the standards of proof differ. Likewise, disciplinary proceedings follow their own rules and are not strictly dependent on judicial outcomes. Therefore, both patients and doctors must approach each level separately and with appropriate legal support.

 

Liability of the Doctor, Hospital, and Clinic

A key issue in malpractice cases is determining who bears legal responsibility.
A medical act often involves not only the treating physician but also other professionals (nurses, anesthesiologists, etc.) as well as the hospital or clinic where treatment took place. In Greece, the following principles apply:

• Liability of the treating doctor: The doctor who performed the act or omission is primarily responsible toward the patient. If the doctor acted negligently, that is failed to exercise the care and diligence expected under the circumstances, they are personally liable for the damage caused. This applies whether the doctor works privately or in a hospital. Even a case of “slight negligence” may give rise to liability if it contravenes basic principles of medical science.
• Liability of a private clinic or hospital: Private clinics/hospitals may also be held liable for the acts or omissions of their doctors or staff, under Article 922 of the Civil Code, based on the principle of vicarious liability. The law provides that anyone who employs another to perform a service is jointly liable for damage caused to third parties in the course of that service. This liability is objective, meaning that the clinic may be liable even if it itself was not negligent, provided the doctor acted negligently while on duty. To establish this, it must be shown that the clinic had control or supervision over the doctor’s working conditions (e.g., schedule, premises, operational rules). In practice, patients may sue both the doctor and the clinic. Most private clinics maintain professional liability insurance, so compensation may ultimately be paid by their insurer.
• Liability of public hospitals (E.S.Y. doctors): The process differs when negligence occurs in a public hospital by a doctor employed under the National Health System (E.S.Y.). In such cases, the patient’s claim is brought against the hospital or the State (which oversees it) and is adjudicated by the Administrative Courts.
  Thus, the patient files a claim for damages before an administrative court (not a civil court), since the hospital is a public entity. The doctor is not personally a defendant unless they acted with intent or gross negligence. If the State pays compensation to the patient, it may then exercise a recourse claim against the doctor if proven that the act involved intent or extreme negligence.

 

Proving Negligence and Prerequisites for a Claim

For a malpractice lawsuit to succeed, the plaintiff (patient) must prove specific elements before the court.

The key prerequisites for establishing liability are:

• Doctor–patient relationship: It must be shown that the doctor had undertaken the patient’s care (e.g., through a treatment contract or hospital admission). This establishes the duty of care owed to the patient.
• Breach of duty of care: That the doctor, through action or omission, failed to exercise the required level of caution. The court examines whether the patient’s treatment deviated from what a reasonably competent doctor of the same specialty would have done in similar circumstances. For example, if most professionals would have ordered a specific test under certain symptoms but the doctor failed to do so, this constitutes a breach.
• Causation (causal link): There must be a direct connection between the act/omission and the harm suffered. In other words, it must be proven that the damage occurred because of the medical error. If the harm would have occurred regardless (e.g., due to an incurable condition), compensation may not be due.
• Actual damage: There must be real injury, physical (e.g., disability), psychological (pain, trauma), or material (financial loss, medical expenses). Without damage, there is no obligation to compensate, even if a medical error occurred.

Proving malpractice is complex. Expert opinions from independent doctors or technical consultants are often required to assess whether the care deviated from medical standards. Witness testimonies, medical records, and written reports are crucial in reconstructing what occurred.

Limitation periods: Greek law sets time limits for filing claims.
A civil claim for damages (tort) generally expires after 5 years from the day the patient became aware of the harm and the responsible party — and in any case no later than 20 years from the act itself. Delays may therefore lead to forfeiting the right to compensation. Patients should not wait too long, even if hoping for an amicable settlement.

 

Claiming Compensation (For Patients)

If a patient believes they have suffered due to medical negligence in Greece, the main steps to pursue compensation are:

1. Gathering evidence: Collect all medical records and documentation: test results, reports, prescriptions, discharge papers, etc. Request official copies from the hospital or clinic (you have a legal right of access). Keep a timeline of events and note any witnesses.
2. Legal assessment: Consult a lawyer specialized in medical malpractice. The lawyer will review the evidence, often with medical consultants, and advise whether the case has legal merit. They will also determine whether to proceed civilly (lawsuit) and/or criminally (complaint).
3. Filing a lawsuit and/or complaint: If grounds exist, the lawyer will draft and file the necessary pleadings. A civil claim is filed before the Civil Courts (for private doctors or clinics) or the Administrative Courts (for public hospitals).
   A criminal complaint may also be filed in parallel.
4. Trial: After filing, the case proceeds to trial. All evidence is examined, including possible expert testimonies. Sometimes, out-of-court settlements are proposed, for instance, by an insurance company offering compensation.
   If no settlement is reached, the court issues a judgment either rejecting the claim or awarding damages.
5. Award of damages: If the patient wins, the court determines the compensation amount, which may include: medical and hospital expenses, future rehabilitation costs, loss of income, care expenses, moral damages (pain and suffering). In fatal cases, family members may receive separate compensation for emotional distress. Greek courts in recent years have awarded significant moral damages in serious cases.
6. After the judgment: Once final, the decision is enforceable.
   If the liable party does not pay voluntarily, enforcement measures (e.g., seizure of assets) can be taken. Criminal outcomes, if any, may influence but do not bind the civil court. A convicted doctor may also face disciplinary sanctions.

Common mistakes by patients:

– Missing limitation deadlines.

– Failing to promptly request medical files.

– Relying solely on personal judgment instead of consulting legal/medical experts.
Early legal advice is key.

 

Defense in Medical Malpractice Claims (For Healthcare Professionals)

On the other side, doctors and healthcare professionals facing malpractice claims must act carefully and strategically. Such cases threaten not only financial stability but also professional reputation. Key defensive steps include:

• Immediate legal counsel: Upon being informed of a complaint or lawsuit, the doctor should immediately consult an attorney experienced in medical law.
  If insured, the doctor must also promptly notify the insurance company, which may cover defense costs or compensation.
• Preservation of records: The doctor must gather all relevant medical documentation and records. A complete medical file is the primary evidence of the actions taken.
  Detailed notes showing adherence to medical protocols (e.g., ordered tests, informed consent, monitoring) form the basis of the defense.
• Expert testimony: Just as patients may use experts, so too the defense may engage independent medical experts to testify that the treatment was appropriate or that the complication was known and unavoidable.
• Criminal defense: In criminal proceedings, the doctor has full rights as a defendant, including the presumption of innocence. Defense arguments may include lack of negligence, lack of causation, or reasonable doubt (in dubio pro reo).
  Many criminal complaints end in acquittal when evidence shows the doctor acted properly.
• Professional reputation: Beyond any monetary or legal outcome, a conviction can severely damage a doctor’s standing. For this reason, some doctors in Greece practice “defensive medicine”, ordering excessive tests or referrals to avoid future accusations. While understandable, this burdens the healthcare system. The optimal approach is balance: practicing medicine with both confidence and conscientiousness.

In summary, healthcare professionals involved in malpractice proceedings must remain calm but proactive, securing legal support, cooperating with the investigation, and presenting a well-documented defense.

 

The Role of a Specialized Lawyer

Whether you are a patient seeking justice or a doctor facing allegations, the assistance of an experienced lawyer is invaluable. Medical malpractice cases combine legal and medical complexity. A specialized lawyer can:

• Realistically assess the merits and chances of success or defense.
• Collect and organize evidence in cooperation with medical experts.
• Prepare all legal documents (lawsuits, complaints, pleadings) and represent the client in court.
• Negotiate settlements with the opposing side or insurers, when beneficial.
• Ensure the client fully understands their rights and obligations at each stage.

Choosing a lawyer familiar with medical law and relevant case law is crucial. Such professionals know the precedents and strategies typical in these cases and avoid procedural mistakes (like missing deadlines or failing to request expert opinions).

 

Conclusion

Medical malpractice in Greece is a multifaceted issue with legal, ethical, and social implications. On one hand, patients have the right to seek justice when harmed by medical errors, not only for financial recovery but as an affirmation that medicine must be practiced responsibly. On the other hand, doctors also deserve protection from unfounded or abusive claims, so they can perform their duties without constant fear.

Accountability must coexist with fairness, respecting both patients’ rights and doctors’ professional security.

For anyone in this difficult situation, whether as a patient considering a claim or as a doctor preparing a defense, the key is timely and responsible action. Be informed, consult experts, and proceed carefully under legal guidance. With the right legal representation, you increase the likelihood of a just outcome, either the attribution of responsibility where it exists, or exoneration where it does not. Transparency and justice in healthcare serve the interests of all. Respect deadlines, understand your rights and obligations, and do not hesitate to seek assistance from specialized legal professionals. Proper legal support can make the difference between justice and impunity in this demanding field.

 

For any matter related to medical malpractice, doctor liability, or hospital/clinic compensation claims, you may contact Karpouzis – Lianou & Associates Law Firm.
Our team has specialized expertise in medical law, civil and criminal liability of healthcare professionals, and in claiming compensation for patients and families who have suffered harm. We approach every case with scientific precision, discretion, and respect, providing full legal guidance and representation throughout Greece.