By which time the Hospital, clinic and medical claims are time barred in Greece ?
n Greece, the specific time limits for medical claims, including those against hospitals, clinics, and medical professionals, are governed by the Greek Civil Code and can vary depending on the circumstances and nature of the claim.
At the end of the 5th year starting as of January 1st of the year next to the one during which such services were rendered to the patient.
Is it better to sue for medical claims in Greece or abroad ?
Determining whether it is better to sue for medical claims in Greece or abroad depends on various factors and individual circumstances. Here are some considerations to keep in mind:
1. Jurisdiction and Laws: The laws governing medical claims can vary significantly between countries. It is important to consider the jurisdiction that provides the most favorable legal framework for your specific case. This includes understanding the statute of limitations, burden of proof, available damages, and other relevant legal aspects.
2. Accessibility: Suing abroad may involve logistical challenges, including travel expenses, language barriers, and unfamiliar legal systems. Accessing necessary evidence, medical experts, and witnesses might also be more difficult.
3. Healthcare System: The quality and structure of the healthcare system in each country can impact your case. Factors such as the availability of medical records, expert witnesses, and the reputation of healthcare professionals can vary. Assessing the healthcare system’s transparency, reliability, and track record of addressing medical malpractice is essential.
4. Cost and Compensation: Consider the potential costs and compensation involved in pursuing a medical claim abroad. This includes legal fees, translation services, travel expenses, and the likelihood of receiving adequate compensation for your damages.
5. Cultural and Procedural Differences: Different countries may have distinct cultural attitudes towards medical malpractice and legal proceedings. Understanding these differences can help manage expectations and navigate the legal process effectively.
6. Insurance Coverage: If you have medical insurance that covers legal expenses, it is essential to review the terms and conditions to determine whether suing abroad is covered or if there are any limitations.
7. Legal Advice: Consulting with legal professionals who specialize in medical malpractice and international law is crucial. They can provide guidance based on your specific circumstances and help you evaluate the pros and cons of pursuing your claim in Greece or abroad.
Remember, this is general information, and specific legal advice from qualified professionals is essential for making an informed decision regarding your medical claim.
Is it possible to expedite the rendering of the judgment for medical claims in Greece ?
Of course, as long as caution has been taken beforehand by the hospital, clinic or doctor to have checks or promissory notes properly signed by the debtor apart form the medical docket as in this case we sue for an ex parte court order based on the bank check or promissory note.
In case that Hospital, clinic and medical collections are not supported by checks or promissory note properly signed by the debtor or by letters signed by a social security agency of Greece we have to have a full set of the medical file from A to Z along with detailed lists of cost and expenses for each particular medical act of (as well as stay of) the patient plus the final bill along with a strong affidavit sworn by a clinical official before the appropriate Greek consulate.
What happens with claims which have been time barred due to the Statute of Limitations in Greece ?
We sue on other than the main legal basis especially on unjust enrichment of your debtor at your detriment.
In Greece, the Statute of Limitations sets a time limit within which legal actions must be initiated. If a claim is not filed within the specified time frame, it is considered time-barred or “prescribed.” The specific time limits and rules regarding the Statute of Limitations can vary depending on the type of claim or offense involved.
When a claim is time-barred due to the Statute of Limitations, it generally means that the affected party can no longer pursue legal action or seek remedies through the court system. The purpose of the Statute of Limitations is to promote legal certainty and prevent the indefinite extension of potential liability or legal disputes.
