Liability for Severe Birth-related Injuries in Greece: the Issues of Tort Law and the Possibility of Introducing a No-fault Compensation System

Abstract

Severe birth-related injuries constitute some of the most serious healthcare-related injuries, with devastating effects on the children"™s future quality of life. Both babies and parents confront emotional difficulties, economic burden and increased needs. Tort systems around the world have been proved ineffective, in both compensating and deterring substandard care and the Greek system is not an exception to the rule. The article, after presenting the core problems of the tort system, aims at initiating the relevant ethical discussion from the perspective of the principle of justice and at fostering discussion regarding the potential of establishing an alternative compensation scheme for severe childbirth injuries; a scheme, which will be effective in providing redress quickly and efficiently and enhancing patient safety. Due to the lack of space and relevant data regarding adverse events in Greece, we will not make a detailed description of the specifics of the proposed system. Instead, the basic aims and principles underpinning the system will be formulated, along with some initial ideas concerning the system"™s core elements.