Current aspects of penal surgical liability in Greece

• Published in: Journal of forensic and legal medicine Vol. 20; no. 4; pp. 260 - 263
• Main Authors: Sakelliadis, Emmanouil I., MD, MSc, Papadodima, Stavroula A., MD, PhD, Spiliopoulou, Chara A., MD, PhD
• Format: Journal Article
• Language: English
• Published: England Elsevier Ltd 01-05-2013; Churchill Livingstone Inc., Medical Publishers
• Subjects: Forensic medicine; Greece; Humans; Informed Consent - legislation & jurisprudence; Internship and Residency; Liability, Legal; Malpractice; Malpractice - legislation & jurisprudence; Medical malpractice; Negligence; Pathology; Penal liability; Physicians - legislation & jurisprudence; Professional liability; Surgeons; Surgery; Surgical Procedures, Operative - legislation & jurisprudence; Greece; Greece; Penal liability; Surgery; Malpractice; Negligence
• ISSN: 1752-928X; 1878-7487
• DOI: 10.1016/j.jflm.2012.09.019

Abstract The surgeon may face in every day practice issues that may render him liable. The legal liability usually emerges due to the negligence exhibited during the preoperative, the operative and the postoperative stage. The surgeon, as any doctor, isn't liable for the result, but he is responsible for the correct diagnosis and therapeutic treatment, always according to the principles of the Medical science and to the possibilities available to him in every specific case (facilities and time). The continuous education about the issues of his speciality, the adaptation of scientifically approved techniques, the correct monitoring of the patient, both preoperatively and postoperatively, and finally the good communication with the patient are necessary for the proper practice of Medicine; but also constitute the “shield” of the surgeon against any possible legal conflict.