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Criminal liability for causing death or personal injury for medical malpractice in Greek penal law

Published: Ιαν 15, 2023
national penal law; negligence; medical malpractice; personal injury; criminal liability.
Christos Satlanis

In order to be able to properly and flawlessly control the criminal liability of doctors, whose conduct caused death or bodily harm, we should first of all define the concept of negligence (external and internal). In particular, we must identify the cases in which a doctor's external negligence occurs, that is, an error in his behavior during the practice of medical duties. The enrichment of the text with cases from jurisprudence clarifies things. Subsequently, it is required for the simultaneous (convergent) act of more than one doctor to clarify who or which only of them have criminal responsibility and whether someone or some are exempted from responsibility. There are also cases in which a causal connection is established between the action or omission of a doctor and the future harmful effect on the life or health of the patient, but this is not his work and for this reason the doctor is exempted from criminal liability. And finally the question arises: Are medical specialists criminally liable?

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