Unit:
Κατεύθυνση Ποινικό Δίκαιο και Ποινική ΔικονομίαLibrary of the School of Law
Supervisors info:
Λιούρδη Αγλαΐα, Eπίκουρη Καθηγήτρια, Νομική Σχολή, Εθνικό και Καποδιστριακό Πανεπιστήμιο Αθηνών
Κιούπης Δημήτριος, Αναπληρωτής Καθηγητής, Νομική Σχολή, Εθνικό και Καποδιστριακό Πανεπιστήμιο Αθηνών
Δημάκης Αλέξανδρος, Επίκουρος Καθηγητής, Νομική Σχολή, Εθνικό και Καποδιστριακό Πανεπιστήμιο Αθηνών
Original Title:
Η ποινική ευθύνη στην επείγουσα ιατρική
Translated title:
Criminal liability in emergency medicine
Summary:
This study focuses on research of emergency hospital doctors' liability as outlined in legal theory and court decisions. At first, there is a general development of the dogmatic issues that governed the subject matter of the wrongful acts and faults that are attributable to the doctors personally (imputation). Then, on the one hand, the criminal liability of specialized and trainee medical spoecialists in the Emergency Hospital Departments is approached in the light of the court decisions and, on the other hand, the aforementioned decisions are criticized for logical mistakes faces in view of its continuous deviations from principles of criminal law and the penal doctrine as it is devised by the theory. Regarding this cases, thre is a research for an answer to the question of whether death from a doctor's absence or inaction is a manslaughter of negligence or life-threatening exposure, a difficult question, given the delicate balances that characterize it. Furthermore, the urgency of medical acts is investigated in the way it affects the issue of informed consent of the patient, hence the freedom and self-determination of the individual in making decisions about human life. Finally, special problems of emergency medicine, such as intensification and triage in serious multitudinous accidents, seem to be particularly interesting in jurisprudence the conflict of responsibilities, that doctors have to care patiens. This problematic seems to test criminal law on the one hand, and on the other the fundamental constitutional values for human life.
Main subject category:
Law and Legislation
Other subject categories:
Criminal Procedure
Criminal Law
Keywords:
urgency, doctor, trainee, qualified, consent
