Το νομικό πλαίσιο της ιατρικής ευθύνης: συγκριτική διάσταση Ελλάδας και Ελβετίας
The legal framework of medical liability-comparative dimension between Greece and Switzerland
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Subject
Ιατρική δεοντολογία ; Ιατρική -- Δίκαιο και νομοθεσία -- Ελλάδα ; Ιατρική -- Δίκαιο και νομοθεσία -- Ελβετία ; Επαγγελματική δεοντολογίαAbstract
The medical activity is a very complex activity that involves not only a serious preparation, information and continuous improvement, and also a correct application of the acquired knowledge, but also liability for the activity that was done. The moral behaviour rules have existed in the medical field from the ancient times and they have become medical deontology in time. This fair practice is used in the patient – doctor relation and also in the doctor-society relation. The definition regarding the liability can be defined as being a reaction to a social deed that the society condemns. The medical liability results from the peculiarities of the medical profession and also from the unforeseeable and irreversible development of the medical act. It is of great importance to mark the differences between the moral (deontological) liability and the penal one in the medical practice. The public opinion and the professional conscience are going to sanction the moral deviation of the doctor. These sanctions, at the level of suppression, but also the regulations, at the level of pre-emption-deterrence, are crystallized within the judicial systems of organized societies. The historical origins of every state formulate the components of its structure at the civil, economic and societal levels. The expression of the endowment of those origins is recognized in the legal framework that regulates the practice of medicine and the liability arising from the latter. In the first chapter there is a historical review on concepts and practices that could refer to what we define as modern medical liability. The second chapter deals with ethics as the basis of medical liability in Greece, as defined and discussed in the Greek law. The third chapter deals with the legal basis on medical liability in the Federation of Switzerland and also discusses and analyzes the specifics of the case law in this country, as well as makes the distinctions and comparisons with the corresponding Greek jurisprudence.