Doctors on the defensive fearing lawsuits
The fear of lawsuits alleging malpractice are prompting an increasing number of doctors to practice so-called “defensive medicine” and order tests that are not medically necessary.
Gynecology, general surgery, anesthesiology, emergency medicine and radiology are the specialties with the most medical malpractice complaints, most of which are resolved in courtrooms even if they are unfounded.
The president of the Panhellenic Medical Association, Athanasios Exadaktylos, notes that there is also “defensive justice” – i.e. the judge sending all cases for hearings, fearing that he might be accused of having acquitted someone.
In Greece, about 65% of medical malpractice claims involve lawsuits against public hospitals and 20% against private clinics and medical centers. The average amount of compensation is around €300,000.
When the error-negligence concerns a hospital doctor or other health professional, the action is brought in the hospital. If the latter finds that there is fraud or gross negligence, it can claim (based on the 2018 “Houliarakis Circular”) compensation from the doctor. Indicatively, in 2019, a hospital demanded 850,000 euros through the Court of Auditors from a doctor for a complication in a patient.
It is estimated that nine out of 10 doctors practice defensive medicine in fear of being accused of medical negligence.
According to the president of the Institute of Scientific Research, member of the Board of Directors of the Panhellenic Medical Association, Haris Vavouranakis, “many times the doctor feels fear even without making a mistake.” He adds: “It is a peculiar ‘lottery,’ where every medical act can cost the doctor dearly. And the answer is to move from evidence-based medicine to defensive medicine and to safeguard against potential medical error, not to ensure the patient’s health.”
“The doctor orders tests that are not medically necessary, refers to other doctors, and recommends hospital admission to avoid litigation and unnecessary procedures,” he notes.
