Medical malpractice

Following a diagnosis of multinodular goiter, a 17 year old girl was admitted to a specialized public hospital for a thyreidectomy operation. Though according to the official medical records the operation was successful and the patient was reported to have «voiced», there was significant change in her voice timbre and volume. It was successfully argued before the Court that in the course of the thyroidectomy the operating doctors did not identify and preserve the vocal chords, as a result of which the patient suffered substantial damage (unilateral vocal chord paralysis).

The Piraeus Administrative First Instance Court rejected the allegation of the defendants that the damage to the patient’s vocal chords was an undesirable but common complication of such surgeries and held that the change in the girl’s voice timber and volume would have an adverse effect on her social and economic development, which could not be specifically quantified in terms of economic loss, but must nevertheless be compensated for. Thus, the Court awarded moral damages for the psychological distress suffered as a result of the injury, as well as additional compensation on the basis of Article 931 of the Greek Civil Code.

The judgment was upheld by the Appellate Administrative Court of Piraeus, which increased the compensation initially awarded.

After numerous days of hospitalization in a public hospital, an elderly patient underwent cholecystectomy operation (removal of gallbladder). Following the operation she suffered postoperative bleeding, which was inadequately and belatedly treated by the hospital. The patient went gradually into a status of multi-organ failure, despite the fact that she was transferred by her relatives to a private clinic for better treatment. She died some days later. We represented the relatives and filed claim for compensation against the public hospital/ Greek State.

The First Instance Administrative Court of Piraeus held that the public hospital had not treated the patient adequately and in good time because of the absence of qualified doctors during the night following the operation. The Court also accepted that there was a direct causal link between the delay in treatment of the postoperative bleeding and the progressive deterioration of the patient’s health condition and subsequent death, and awarded to each one of her 7 children compensation for moral damages for the grief suffered as a result of their mother’s death.

The Judgment of the First Instance Administrative Court of Piraeus was upheld by the Appellate Administrative Court of Piraeus.