The Assessment of Compensatory Damages for Medical Error by the Greek Courts: An Economic Analysis
University of Athens - Faculty of the Philosophy and History of Science
Aristides N. Hatzis
University of Athens - Department of Philosophy & History of Science; University of Athens - Faculty of Law; Athens University of Economics and Business - Department of Economics
March 1, 2009
THE GLOBAL ECONOMICS OF A CHANGING ENVIRONMENT, James A. Brox & Nicholas C. Baltas, eds., pp. 239-251, Athenian Policy Forum & North Waterloo Academic Press, 2009
In this paper, after summarizing and reviewing the methods of computing damages for wrongful death or injury in the law and economics literature, we present the way in which damages should be compensated for according to the mainstream Greek tort law theory. We then examine the actual calculation of damages by Greek courts during the period from 2003 to 2008 in order to discover the rationale behind court assessments of damages, especially in the difficult cases of lost future opportunities due to injuries and the valuation of life in the cases of wrongful death. Finally we offer a number of proposals that the Greek judges can use to estimate damages more accurately within the existing legal framework.
Number of Pages in PDF File: 13
Keywords: Compensation, Medical Error, Tort Law & Economics, Greek Law, Wrongful Death, Value of Life
JEL Classification: I12, K13, K32Accepted Paper Series
Date posted: November 9, 2009
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