Medical negligence

The book lies in the field of Legal Studies. The practical goal of this book is to provide an accessible yet challenging explanation of the cases dealt in the area of medical negligence, first by the European Commission of Human Rights (from 1954 to 1998, before Protocol 11 to the European Convention on Human Rights entered into force, allowing individuals to have direct access to the European Court of Human Rights) and later on by the European Court of Human Rights. The book is intended as a manageable and useful introduction in the legal issues examined by the above mentioned European judicial bodies in connection with allegations of medical negligence, and therefore does not attempt to delve into the entirety of the subject in the full detail it deserves. The study is carried out from a chronological perspective and is aimed to describe the most relevant cases, including among others four Grand Chamber judgements delivered by the European Court of Human Rights in a period of sixteen years, starting with Calvelli and Giglio v. Italy (judgement delivered on 28 November 2001) and ending with Lopes de Sousa Fernandes v. Portugal (judgement delivered on 19 December 2017). The analysis of each case is carried out based on three criteria: a) the factual circumstances of the particular case, b) the outcome of the domestic proceedings lodged by the applicant and c) the reasoning provided by the European Commission of Human Rights or by the European Court of Human Rights when deciding upon the case in question. When appropriate, the judges’ separate opinions were referred to. On a practical level, the results of this study are oriented at legal practitioners who intent to lodge an application before the European Court of Human Rights concerning issues of medical negligence. On a more general level, this book may appeal to both students and academics for whom the clear and concise information provided, may serve as starting point for further researches.