During his appearance on the “Alpha Enimerosi” program, the Minister of Health, Neophytos Charalambides, commented on the issue of medical malpractice and the ability of patients or relatives of the deceased to seek justice during his appearance on the “Alpha Enimerosi” program.
As the Minister stated, this is a particularly serious and sensitive issue; however, he noted that not every undesirable outcome of a treatment necessarily constitutes medical malpractice. “ “This is something that must be determined through a documented and objective investigation,” he emphasized.
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In Cyprus, as the Minister explained, there are three successive levels of liability in cases where medical negligence is alleged.
The first is disciplinary liability, which applies to both public and private physicians; this is examined by the relevant medical disciplinary board and, in the event of a conviction, disciplinary sanctions.
The second is civil liability, where the patient or their family may seek compensation from the person they deem responsible for medical malpractice.
The third is criminal liability, which occurs when the police investigate a professional’s conduct to determine whether they have committed the criminal offense of medical negligence.
In the second, but especially in the third aspect, according to Mr. Charalambidis, “this is where we face a long-standing and fundamental challenge, because in order to effectively investigate a case of potential medical negligence, specialized scientific testimony is required from a physician in the appropriate specialty—usually the same specialty as the physician under scrutiny in the criminal investigation.”
“It is a fact that in Cyprus there is a difficulty in finding doctors who are willing to take on the role of expert witness and then testify in court. This creates objective obstacles that we must address.”
To this end, the Minister said, the government is considering the possibility of compiling a list of independent medical experts from Greece in various specialties who are willing to come to Cyprus, to assist the competent authorities and to provide their expert opinions, relevant reports, and testimony in court.
Referring to the problems and shortcomings of the forensic medical service, Mr. Charalambides said that there is indeed a staffing shortage at this time, while another effort is currently underway which, in the Minister’s assessment, will be successful. “First and foremost, it is extremely important to increase the number of medical examiners. There is also discussion of centralizing the service in Nicosia, where, according to the service itself, investigations can be processed more quickly when they are handled at the central office in Nicosia, "the investigations that are conducted," he added.
Furthermore, consideration is being given to “the possibility of differentiating the handling of cases in which no criminal offenses appear to have been committed at first glance by the medical examiner’s office, so that such cases can be examined in the various districts,” he said.
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