Η αστική ευθύνη του Δημοσίου κατά τα άρθρα 105-106 ΕισΝΑΚ: η περίπτωση της παροχής υπηρεσιών υγείας
Civil liability of the State according to articles 105-106 of the ILCC: the case of health services
AdvisorΔελούκα - Ιγγλέση, Κορνηλία
KeywordsΔημόσιοι πάροχοι υγείας ; Ασθενείς ; Εργαζόμενοι ; Παρανομίες ; Νομοθεσία ; Καθήκοντα ; Αποζημιώσεις ; Ευθύνη ; Υγειονομικές υπηρεσίες ; Πράξη ; Αμέλεια ; Παράλειψη ; Υλική ενέργεια ; Βλάβη
The civil liability of the Public provides one of the most consequential and effective institution for compensation that a citizen may have, which originated because of a civil servant who was reported on bribery case, gradually matured and sculpted by the jurisprudence, motivated concerns and reports of distinguished people, in order to be enshrined statute, after many vacillations, in 105 and 106 rules of the introductory Law of the Civil Code. This institution is moreover reinforced by precedents of Greek courts, which actuates an overthrow of the unerring of the administration insofar as that today, in public health services the liability derives from the law. It is about cases that the Public or Public Entity, as the medical, the general and the administrative staff in the public hospitals of the country do an illegal act or an omission during their services, which caused as a result a financial or moral damage to the citizen. Therefore, an irregular diagnose, selection of medical treatment or action before or after the surgery, or during the process of recovery, which violate the law and the principles of law or concerns the inappropriate operation, infrastructure or administration of the infirmaries engenders liability of the State. Equally, the State is liable to compensation when the illegal behavior concerns the staff of the public healthcare provider from illegal actions of the State as employer, offending the rights to work and equality. According to this master thesis, are considered the historical development, the foundations and the goals, the peculiarities and the certain qualifications, by which the compensation mechanism for civil liability of the Public can be put in action. Simultaneously, are analyzed the recent "discovery" institution of civil liability and the noteworthy recognitions from the European Court of Human Rights (ECHR) of the explicitly vested rights for life, health and dignity from the European Convention on Human Rights, highlighting the ceaseless osmosis of the national law and the Convention. Moreover, are emphasized the cases of the medical error in the public healthcare system, how this can be expressed and also is apposed liberally jurisprudence, which seems to protect the feeble citizen, ringing the bell to the State and beat the drum for the medical and the healthcare's provider stuff generally. About the stuff, issues as illegal appointments, transfers, dismissals, benefits, emoluments, annul leaves are also dissected. In addition, affairs as the type of liability of the Public, the range of the compensation, the statute of limitations, the jurisdiction of the state court, and finally, the possibility for action of the health care provider against the accountable employee. In conclusion, I believe that this master thesis might contribute to the edifice of the civil liability of the Public in the area of health, which acclimate and follow the socioeconomic developments, reestablishing the sentiment of insurance and law, the sentiment of fairness and justice.