Best Birth Injury Lawyers in Thivais

About Birth Injury Law in Thivais, Greece

Birth injury refers to harm suffered by a mother or newborn during pregnancy, labor, delivery, or the immediate postpartum period that is linked to substandard medical care. In Thivais, Greece, these cases typically involve obstetricians, midwives, anesthesiologists, neonatologists, nurses, emergency teams, and the public or private hospital that provided care.

Greece uses a national civil law framework. Claims can be based on medical negligence in tort, contract, or both. To succeed, the injured party must usually prove a breach of the medical standard of care, causation, and damage. Expert medical evidence is central, and courts often rely on court appointed experts. In the Thivais area, cases are heard in the local civil courts that serve Boeotia, with appeals handled in the regional appellate courts.

Not every poor outcome is malpractice. Obstetrics involves inherent risks. The legal question is whether the healthcare provider acted with the level of skill and diligence expected in similar circumstances in Greece, took reasonable steps to prevent foreseeable harm, and obtained valid informed consent for procedures and interventions.

Why You May Need a Lawyer

Birth injury cases are complex. A lawyer can evaluate whether the outcome likely stems from negligence or from a known complication, identify every potentially responsible party, and preserve crucial evidence such as fetal monitoring strips, medication charts, and neonatal records.

Hospitals and insurers are represented by experienced counsel. A lawyer can communicate with them on your behalf, handle negotiations, and manage deadlines that can affect your rights. If the hospital is public, the claim may proceed against a public entity in the administrative courts, which involves different procedures and time limits.

You may need assistance arranging independent medical reviews, selecting appropriate experts, estimating the lifetime costs of care for the child, and valuing claims for pain and suffering, lost earnings, specialized equipment, home modifications, and caregiver time.

Greek law provides for an initial mediation step in many medical liability disputes. A lawyer will advise whether mandatory initial mediation applies to your case and represent you in that process.

Local Laws Overview

Civil liability for medical negligence is primarily based on the Greek Civil Code. The general rule on unlawful acts is in Article 914. Damages can include pecuniary loss and non pecuniary harm. Moral damage and emotional distress awards are addressed under Article 932. Contractual liability may also apply if the treatment arose from a healthcare services contract.

Public hospitals and their staff may trigger liability of the State or the relevant public legal entity under Articles 105 and 106 of the Introductory Law to the Civil Code. Private clinics and providers are liable under the Civil Code and, in some circumstances, consumer protection principles governing services.

Informed consent is a legal requirement. Patient rights are recognized by Law 2071 of 1992, and professional duties are codified in the Code of Medical Ethics, Law 3418 of 2005. Except in emergencies, providers must inform patients about diagnosis, proposed interventions, risks, alternatives, and expected outcomes in a manner they can understand.

Access to medical records is a patient right under Greek law and European data protection rules. Parents or legal guardians can request the newborn and maternal records. The hospital must safeguard records and provide copies upon proper request.

Limitation periods are critical. In most tort cases the standard civil limitation is 5 years from the time you became aware of the damage and the person liable, with a maximum long stop of 20 years from the event. Different rules and timelines can apply for claims against public entities and for criminal complaints. Limitation can be affected by the age of the injured party and other factors. Get legal advice early to avoid missing a deadline.

Evidence and expert opinions are central. Courts may appoint experts, and parties can submit private expert reports. Preserving fetal heart tracings, delivery notes, operative reports, cord blood gases, neonatal ICU records, and imaging is often decisive.

Mediation and litigation procedure are governed by procedural laws. Many medical liability claims require a mandatory initial mediation session under Law 4640 of 2019 before proceeding to certain courts. If settlement is not reached, the case can proceed to trial. Criminal and disciplinary avenues may also be available, but they are separate from the civil claim for compensation.

Frequently Asked Questions

What is a birth injury and how is it different from a birth defect

A birth injury is harm that occurs around the time of labor and delivery, often from trauma, oxygen deprivation, infection, or medication errors. A birth defect is a congenital condition that develops during pregnancy and is not caused by the delivery process. Legal claims usually focus on preventable injuries linked to substandard care.

Who can be held liable in a birth injury case in Thivais

Potentially liable parties include obstetricians, midwives, nurses, anesthesiologists, neonatologists, radiologists, private clinics, and public hospitals. In public hospital cases liability typically rests with the State or the responsible public entity rather than the individual employee, although disciplinary or criminal actions against individuals can also occur.

What are common examples of negligence in birth injury cases

Examples include failure to monitor fetal distress, delayed decision to perform a cesarean section, improper use of forceps or vacuum, medication errors, inadequate management of shoulder dystocia or maternal hemorrhage, failure to treat maternal infections, and lack of neonatal resuscitation when indicated.

What deadlines apply to bring a claim

In many civil cases the limitation is 5 years from the date you knew of the injury and who caused it, with a 20 year maximum from the event. Claims against public hospitals can follow different procedures and deadlines. Minors and other special circumstances can affect how time is calculated. Consult a lawyer promptly to identify the correct limitation period for your case.

How do I get my medical records

Submit a written request to the hospital or clinic asking for the complete maternal and neonatal records. As a parent or legal guardian you generally have the right to copies. Keep proof of your request. If access is delayed or refused, a lawyer can assist, and privacy and data protection rules support your right to obtain records.

Do I need expert witnesses

Yes, expert medical opinion is usually essential to establish the standard of care, breach, and causation. Courts may appoint experts, and your lawyer can retain independent specialists in obstetrics, neonatology, anesthesiology, neurology, or radiology to support your claim.

What compensation can be claimed

Compensation can include medical and rehabilitation costs, specialized equipment and home modifications, future care and therapy, lost income or loss of earning capacity, and non pecuniary damages for pain and suffering. In fatal cases, relatives may claim for moral damages and loss of support. The court will assess evidence to quantify current and lifetime needs.

Is mediation required before filing a lawsuit

Many medical liability disputes require a mandatory initial mediation session under Greek law. Your lawyer will review whether this requirement applies in your case, prepare a mediation brief, and represent you in the session. If no settlement is reached, you can proceed with the lawsuit.

Will my case be criminal, civil, or both

Your compensation claim is a civil case. In some situations there may also be a criminal investigation for negligent bodily harm or manslaughter, and disciplinary proceedings before medical associations. These are separate paths with different standards and outcomes. A lawyer can coordinate strategy across them.

How long will a birth injury case take in Thivais

Timeframes vary with case complexity, court schedules, the need for expert reports, and whether mediation leads to settlement. Many cases take months to a few years. Early collection of records, timely expert review, and active case management can shorten timelines.

Additional Resources

Patients Rights Office at your local public hospital in the Thivais area. Ask for assistance with record requests and complaints.

Hellenic Ministry of Health. Information on patient rights, hospital administration, and complaint channels.

Hellenic Medical Association and the local Medical Association of Boeotia. For disciplinary complaints and professional standards.

National Organization for Healthcare Services Provision EOPYY. For coverage of treatment, rehabilitation, and medical devices.

Hellenic Data Protection Authority. For guidance on access to medical records and protection of sensitive health data.

Accredited mediation centers and certified mediators. For the mandatory initial mediation session in medical liability cases.

Greek Ombudsman. For assistance with issues involving public services, including public hospitals.

Legal aid services under Greek Law on legal aid for low income individuals. You may be eligible for assistance with court and lawyer fees.

Next Steps

Act quickly. Time limits can be strict. Note important dates, such as delivery, hospitalization, and when you first suspected negligence.

Request complete records. Ask for the maternal file, fetal monitoring strips, operative notes, anesthesia charts, neonatal ICU records, lab results, imaging, and discharge summaries. Keep copies safe and organized.

Document the impact. Keep a diary of medical appointments, therapy sessions, symptoms, developmental milestones, and out of pocket expenses. Save receipts and invoices.

Consult a lawyer who handles birth injury cases in Greece. Bring your records and a timeline. Ask about jurisdiction, deadlines, evidence strategy, mediation, and potential compensation.

Obtain an early expert review. A preliminary opinion helps assess the merits, causation, and long term needs of the child and family.

Consider mediation. If mandatory initial mediation applies, prepare thoughtfully and define realistic settlement goals. Even if not mandatory, voluntary mediation can resolve cases faster.

Plan for care and funding. Explore public benefits and coverage through EOPYY, local social services, and potential interim payments from insurers where appropriate.

Important disclaimer. This guide provides general information about birth injury law in Thivais, Greece. It is not legal advice. Every case is different. Consult a qualified Greek lawyer for advice tailored to your situation.