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The Assessment of Compensatory Damages for Medical Error by the Greek Courts: An Economic Analysis

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

13 Pages Posted: 9 Nov 2009  

Spyros Vliamos

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

Date Written: March 1, 2009

Abstract

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.

Keywords: Compensation, Medical Error, Tort Law & Economics, Greek Law, Wrongful Death, Value of Life

JEL Classification: I12, K13, K32

Suggested Citation

Vliamos, Spyros and Hatzis, Aristides N., The Assessment of Compensatory Damages for Medical Error by the Greek Courts: An Economic Analysis (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. Available at SSRN: https://ssrn.com/abstract=1501947

Spyros Vliamos

University of Athens - Faculty of the Philosophy and History of Science ( email )

Athens
Greece
+30-210-7275525 (Phone)
+30-210-7275530 (Fax)

Aristides N. Hatzis (Contact Author)

University of Athens - Department of Philosophy & History of Science ( email )

MITHE, University Campus
Ano Ilisia
Athens, 15771
Greece
+30 210 7275565 (Phone)
+30 210 7275530 (Fax)

HOME PAGE: http://www.phs.uoa.gr/ahatzis

University of Athens - Faculty of Law

Athens
Greece

Athens University of Economics and Business - Department of Economics ( email )

Athens
Greece

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