Harris T. Politis | Attorney at Law

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Harris T. Politis:
 
Studied at the Universities of Athens, Munich and Frankfurt.
 
Attorney at Law.  Visiting Professor, University of Athens, Greece.

For at least twenty-five years, Legal Advisor for Ethics, Ethics and Human Rights of KEEΛ-KELPNO-EODY.

For at least twenty-five years Legal Advisor of the Panhellenic Medical Association. 


Haris Politis is the founder of Medical Law in our country since 1985.  

For the first time in Greece, he formulated a Charter of the Doctor's Obligations (1985), based on the requirements of the Constitution (art. 2 par. 1, 5 par. 1, 9) etc., as well as the provisions of the ECHR.  

In 1987 he founded the Hellenic Society of Medical Ethics and Conduct. 

In 1988 he founded the Hellenic Medical Ethics Society. 

He was the first to introduce the concept of privacy in our country. He introduced the protection of personal data (event of the Hellenic Society of Medical Ethics and Deontology, 11.2.1988, article written in 1986).

He proposed the first Draft Code of Medical Ethics in 1990, which fifteen years later became a law of the Greek state (Law 3418/2005). 

He proposed and elaborated all the draft legislation of the Panhellenic Medical Association and the Medical Associations (Law 4512/2018, articles 271 to 342). 

He formulated, also on the basis of international texts, for the first time since the 1970s, the theories of Constitutional protection of patients and Tripartite Individual Rights in the relationship between doctors and patients.

He was the first to formulate the theory of defensive medicine, which is heard today at every medical conference on medical liability issues. 

He first formulated the theory of liability between physicians and the independence of liability when there is no chief of surgery, ("captain of the ship"). 

He was the first to formulate the theory of "defensive jurisprudence" by analogy with "defensive medicine", especially after 2005. 

In terms of updating to general theory of "medical law" he established in the country with systematic work indicatively the concepts of medical "imperialism" or "paternalism". 

Also as regards information and consent for the first time in our country, it was mentioned that the doctor should answer "meaningless" questions, avoid abbreviations, provide economically informed consent, taking into account social parameters, information rate, intensity of consent, consent of a mature minor, Jehovah's Witnesses, safety information (enlightenment), etc.

He wrote the first comprehensive book on Medical Law in our country (1999) with a bibliography of German, French, Swiss, Austrian, Anglo-Saxon jurisprudence. 

He wrote the first comprehensive Interpretation of the Code of Medical Ethics (2006), a few months after the Code of Medical Ethics was passed, and the book was distributed to thousands of physicians. 

He was the first to articulate the acceptance of passive euthanasia in our country.

As regards liability, he formulated the theories not only of liability 'means' rather than 'effect', but also of whether a medical contract is a contract of work or labour or a sui generis contract, according to the French theory. 

For the first time, the CID accepted as familiar the permanent partner

With regard to the burden of proof, for the first time, in collaboration with the Institute of Procedural Studies, the Court of Justice, in 1987, formulated the theory of the lightening of the burden of proof in favour of patients, up to the point of reversing the burden of proof, which became, twenty years later, in 2007, the settled case law of the Supreme Court. 

Contribution to the interpretation of PC 306 and the surety liability borne by the doctor.

Total authorial work in the field of Medical and Public Health Law, 16 books of systematics, interpretation of law, and collection of legislation, and 71 published articles (about 3,400 pages of collection of legislation and 2,500 pages of books and scientific articles published).

Charis Politis was the first and only expert on public health issues. He handled from the legal and human rights point of view all AIDS, all infectious diseases in the country, the H1N1 virus many times and as a representative of Greece. He drafted and proposed almost all of the public health legislation up to 2020.


More than 1,280 opinions on public health issues, HIV/AIDS, protection of human rights and civil liberties, 1,680 opinions on the functioning of Medical Associations, Disciplinary Boards, Primary Health Care Units, etc.
 
Representative of Greece in the historic first Declaration on the Human Rights of People Living with HIV (UN, Riga, 1-2 Apr. 1993) "Riga Statement on HIV/AIDS in The Countries of Central and Eastern Europe", in "AIDS-ACTION EUROPE, Legislative and Judicial Systems in Relation to HIV and AIDS, Results of a European Survey, Pre-seminar Report, National AIDS Trust", March 2007, in 98e Session de la Conférence internationale du Travail of the World Labour Organization (OIT, ILO), Geneva 3-19 June, 2009, in preparation of ILO R200 - HIV and AIDS Recommendation, 2010 (No. 200), in PRIVILEGED 'Determining the Ethical and Legal Interests in Privacy and Data Protection for Research Involving the Use of Genetic Databases and Bio-banks' European Commission, European Research Area (2007-2009), in Declaration of Presidents of Medical Associations of Europe (Prague, 2015), in World Medical Association Symposium on War, Migration and Health (Istanbul, 26-27. 2.2016).
adoption of the decision (background since it changed all definitions of infectious diseases in Europe): 'COMMISSION IMPLEMENTING DECISION (EU) 2018/945 of 22 June 2018 on the communicable diseases and related special health issues to be covered by epidemiological surveillance as well as relevant case definitions'.

He participated as a speaker in many scientific conferences, both Greek and international.
 
In 1995 he published as an author the book "AIDS. Fundamental Principles for the Protection of Human Rights and Individual Freedoms", Ministry of Health and Welfare, 1995. In 1996, translated into English "AIDS. Fundamental Principles for the Protection of Human Rights and Civil Liberties". Hellenic Centre for the Control of Infectious Diseases. AIDS, Athens, Ministry of Health, 1996. 45 p., with a global impact factor, (recommended by the WHO online library as one of the 22 books on HIV/AIDS and Human Rights (2002)), and translated into five languages in total.
 
Unique work in a Compendium of Laws of Medical Associations-Disciplinary Councils-Auditing and Disciplinary Bodies (see table of books below).
 
Unique work in our country in public health law (Collections of Public Health Law, HIV/AIDS protection of human rights and public health, tuberculosis and protection of public health, occupational exposure to HIV, AMKA, active substance of drugs and protection of public health, health care establishments), (see detailed list below).

Member of the Association of Greek Criminal Lawyers. President of the Hellenic Medical Society (founded in 1988). Director of the Journal of the Review of Medical Law (2009-). Greece's representative to the Standing Committee of European Doctors (CPME) (1995-2009) and to the UEMS (2009). Member of the Tripartite Committee on Ethics and Ethics of the Academy of Athens (1991-2001). Member of the National AIDS Committee (1990-1992). President of the Hellenic Society for Medical Ethics (2008-2011), (Founding Member and Secretary General from 1987-1991) (Founder: Spyros Doxiadis).
 
From time to time, member of committees of the Ministry of Health. Member of the EEA Committee on HIV/AIDS and Human Rights (2009) as representative of the Hellenic Health Ministry and the Ministry of Health. Member of the Committee for the drafting of a new Code of Medical Ethics. Rapporteur for the first basic draft (1990-1991). Author, and in cooperation with the Data Protection Authority and NGOs, of the system for keeping a Personal Data File of HIV/AIDS patients and HIV/AIDS patients (1999-2000).

 

BOOKS

Harris Politis, "Declarations, Directives, Resolutions and Statements of the European Union and International Organizations on Medical Profession". vol. A’, 2014.

Harris Politis, "Medical Legislation, Medical Associations, Medical Ethics, Medical practice", Under the auspices of the Panhellenic Medical Association, 2013.

Harris Politis, "Commentaries on the Code of Medical Ethics". Under the auspices of the Panhellenic Medical Association, 2006, 2008, 2010, 1012 (4th ed.).

Harris Politis, "Medical Legislation-Military Doctors". Under the auspices of the Panhellenic Medical Association, 2005.

Harris Politis, "Medical Legislation-Primary Health Care". Under the auspices of the Panhellenic Medical Association, 2004.

Harris Politis, "Health Regulations". Under the auspices of the Ministry of Health and Welfare and the Centre for Infectious Diseases Control, 2004.

Harris Politis, “Protection of Public Health. Health Regulations”. Athens, 2004, I, II vol., 1400 p.

Harris Politis, "Blood Safety and Protection of Public Health. Legislation and Regulations". Under the auspices of the Ministry of Health and Welfare and the Centre for Infectious Diseases Control, Athens, 2003.

Harris Politis, "Safety, Health, Protection of Workers-citizens, Ports Pages". Under the auspices of the Union of Technical Employees of Piraeus Port Authority, Athens, 2003.

Harris Politis, "Medical Law-Medical Specialties". Under the auspices of the Hellenic Medical Association, 2002.

Harris Politis, "Medical Legislation -Medical Associations -Medical Ethics". Under the auspices of the Hellenic Medical Association, 2002.

Harris Politis, "HIV/AIDS. Public Health and Human Rights". Under the auspices of the Ministry of Health and Welfare and the Centre for Infectious Diseases Control, Athens, 2002.

Harris Politis, "Medical Law". Athens, 1999.

Harris Politis, “AIDS. Fundamental Principles for the Protection of Human Rights and Civil Liberties". Ed. KEELPNO (HCDCP)-Ministry of Health, 1995-1996.

Harris Politis, "Systematics-Writing of Civil Procedural Law. Legal Remedies and Compulsory Execution". Athens, 1983.

SCIENTIFIC ARTICLES

MEDICAL ETHICS

Harris Politis, “Hippocratic Teachings and Guidance on Medical Ethics and Deontology and Medical Malpractice”. Medical Law Review 2009, 484-492, 580-592.

INFORMED CONSENT

Harris Politis, “Suspicion Diagnosis”, informed consent and lege artis physician’s behavior, Medical Law Review 2011, 4-14.

Harris Politis, “Informed Consent of the Patient consists a Physician’s Obligation”, Medical Law Review 2011, 412-420.

Harris Politis, “Extension of Medical-Surgeon’s Intervention without the Prior Consent of the Patient”, Medical Law Review 2011, 486-493, 560-568.

Harris Politis, “Legal Aspects of Refusal for Medically Appropriate Intervention”.  ( Refusal of adult and minor patients, of those having his/her custody, to receive medical appropriate medical-surgical intervention. The evaluation of the legitimate interests of life and health over the self-determination, value and dignity of a person. Did the article 12 par. 3, case of Code of Medical Ethics abolished article 1534 of Civil Code?), Medical Law Review, 2010, 4-36, 100-130.

Harris Politis, "Manslaughter by Information: Is it Possible to Provide Information to a Patient, that is so Devastating that it could Harm the Patient? ?”.  Medical Law Review 2013, 667-724, 903-929.

PRIVACY, MEDICAL CONFIDENTIALITY

Harris Politis, Medical Confidentiality, in “The Hippocratic Ethics in our Era”. Meeting of the Society for the Spreading of Hippocrates’ Spirit, Proceedings, vol. II, Mar. 10th, 2007, p. 17-37.

Harris Politis, “Contributing to the Meaning of Privacy of Confidentiality: Manifestation of Value and Dignity, Personal Freedom, Social or Economic Aspects. What are the Legal Interests that are Protected?”. Medical Law Review 2010, 292-305.

Harris Politis, “Constitutional Aspects of Medical Confidentiality”. Medical Law Review 2010, 484-492.

Harris Politis, “Content and Scope of Medical Confidentiality in the Greek Legal System”.   Medical Law Review 2010, 580-604, 682-692.

Harris Politis, Medical Confidentiality and Audits State Councils”. Medical Law Review 2010, 388-409.

Harris Politis, “Krebsregister und die Einwilligung des Betroffenen”. (Crebs registrations and the informed consent of the experiments’ subject), München, 1986.

MEDICAL LIABILITY

Harris Politis, “Medical Liability: A Medical and Legal Problem - The Legal Parameters”. Medical Law Review 2009, 740-748, 822-825.

Harris Politis, “The Assessment of Medical liability per. “Synigoros”. vol. 53, 2006, p. 43-46.

Harris Politis, “The Flourishing of Litigation and Lawsuits in Medical Liability Trials”. (The importance of unexpected complications in surgical interventions and the lack of explicit legal meaning including legal and medical parameters and distortions), Medical Law Review 2009, 100-109.

Harris Politis, Acute Appendicitis as an Acute Problem of Differential Diagnosis: Approaches to Medical Liability”. Medical Law Review 2009, 4-17.

Harris Politis, After the Occurrence of a Bodily Harm: Basic Principles for a Physician’s Defense in Criminal, Civil and Disciplinary Trials”. Medical Law Review 2009, 196-209.

Harris Politis, Contractual Relationship between Doctor and Patient: Medical Malpractice - Accumulation of Contractual and Tort Liability”. Medical Law Review 2009, 660-663.

Harris Politis, “Gastroenterologist’s Medical Error”. Vol. of proceedings of the 26th Congress of Gastroenterology, pp. 197-208. [AMA: Athens Medical Association].

Harris Politis, Secondary Peritonitis: Medical Liability and Evaluation of the Physician’s Standard of Care”. Medical Law Review 2009, 932-953, 1028-1045.

Harris Politis, The death of the patient as a "fall of an acrobat". Procedural and substantive investigation of the anesthesiologist’s liability when the patient dies after bleeding during a surgical intervention or endogenous response in the lungs. Forensic expertise against judicial expertise and expert’s reports, Medical Law Review 2010, 784-809.

Harris Politis, “Allocation on the Burdens of Proof in Cases of Medical Liability”. Diki, 1987, 401.

Harris Politis, “Charter of the Physicians’ Responsibilities”. per. “Hygeia” 85, 41-47.

CONSIDERATIONS ON MEDICAL LIABILITY

Harris Politis, “The Schizophrenic Historical Qualification of Medical and Surgical Interventions as Bodily Harm: The Persistent Conflict  between Physicians and Jurists”. Medical Law Review 2011, 260-268.

Harris Politis, The Judges” Responsibility for the Future of Medicine: Reflections on Medical Liability”. Medical Law Review 2011, 196-203.

Harris Politis, “Physicians Should Concentrate on Fighting the Disease and Not the Impending  Lawsuits” or “How Does the Overburden of Physicians for Medical Errors Seriously  Harm Public Health”. Bulletin of the Athens Medical Association vol. 191, Jun.-Jul. 2006, p. 63-70.

Harris Politis, Bold and Enterprising Solution to the Problem of Medical Liability: The Compensation of the Patient according to the Physician’s No-fault System”. Bulletin of the Athens Medical Association, vol. 192, Aug.-Sep. 2006, p. 49-55.

Harris Politis, “Syndrome Mussa, syndrome Glaucias: Medical Negligence, Medical Liability, Defensive Medicine”. Medical Law Review 2010, 982-995.

Harris Politis, “Contemporary Acceptances about Medical Liability: Are we Progressing Towards Defensive Medicine?.” per. “Clinical Chronicles”, vol. 27, complementary issue 1, May 2004, p. 61-70.

Harris Politis, “HIV/AIDS, Human Rights and Civil Liberties: State and Individual Responsibility, in Corpus, HIV/AIDS and Rights in Greece.”  (Editor T.K. Vidalis), Ant. N. Sakkoulas publ., Athens-Komotini, 2003, pp. 19-46, and Bibliographical Guide, pp. 105-123.

Harris Politis, “Unconstitutional Aspects of Excessive Compensations for Patients Deriving from Physicians’ Liability”. Bulletin of the Athens Medical Association (157, Oct.-Nov. 2000), 40 ff.

Harris Politis, “The Future of an Illusion: Some Moral Precepts - How the Satisfaction of Social Justice Jeopardizes Human Rights in the Context of a Deficient Legal System”. Comments on Athens district court’s decision 1075/2000, Bulletin of the Athens Medical Association vol. 154, Apr.-May 2000, 24-27.

Harris Politis, The Acrobat’s Death: Comments on the Athens District Court’s Decision no. 6314/198”., per. Diki, D 19, 676 ff.

DISCIPLINARY LAW

Harris Politis, “Procedural Law of Disciplinary Boards of Medical Associations”, Medical Law Review 2009, 292-301, 388-400.

Harris Politis, “Medical Malpractice and Disciplinary Action” (It is unconstitutional broadening of the disciplinary responsibility of a doctor, by equating  indolence with imperfect professional performance). Bulletin of the Athens Medical Association, vol. 193, Oct.-Nov. 2006, p. 53-59.

TRANSPLANTATIONS, ORGAN AND TISSUE DONATIONS

Harris Politis, “Medico-Legal Issues on Human Transplantations”. MMG, 16(2) 181-196, 1988. [MMG: Materia Medica Graeca].

Harris Politis, The New Legal Framework for Transplants”. Medical Law Review 2011, 344-360.

ASSISTANCE TO TERMINALLY ILL AND DYING

Harris Politis, “Artificial Fertilization and Terminal Care”. Conclusions of the 56th Conference of German Lawyers and the Legal Situation in Greece, per. Materia Medica Graeca (MMG), 1986, 408 ff.

PUBLIC HEALTH

Harris Politis, Tuberculosis, MDR-TB, XDR-TB: Policy of Isolation and Quarantine?  -Legal Aspects”. Medical Law Review 2015, 9-22, 405-418, 679-698.

Harris Politis, “Health Regulated Establishments - Health Booklets: Obligations and Rights of Owners of Enterprises and Employees in the Light of the Protection of Public Health”. Medical Law Review 2010, 880-903.

HIV/AIDS

Harris Politis, “HIV/AIDS. Legal Problems and Early State Legislative Reactions: Moral and Legal Concerns over the Protection of Public Health, Human Rights and Civil Liberties from a Non-airborne Transmitted Disease”. per. “Implementation of Public Law”, 17, issue 1, 2004, p. 7-29.

Harris Politis, “HIV/AIDS. Protection of Medical Privacy and Personal Data, in Greek Ombudsman, "Medical Privacy: Information Concerning Personal Data, Electronic Health Records and Hospital Records". Conference proceedings, 29 May 2006, pp. 166-212.

Harris Politis, :The Implementation of the Social Security Number and the Protection of Medical Confidentiality of Individuals who live with HIV”. Medical Law Review, 2010, 196-217.

Harris Politis, “A public Health Tragedy: Infection with HIV/AIDS of 426 Children in a Benghazi hospital - Procedural Aspects”. Medical Law Review 2011, 68-81, 132-141.

Harris Politis, “AIDS und ärztliche Haftung. Neue Kriterien fur die tödliche Erkrankung” (AIDS and Medical Liability): New Criteria for the Lethal Disease?”. München, 1985.

MEDICINE TRAVEL

Harris Politis, “Medical Travel: Legal Aspects and Medical Liability”. Medical Law Review 2011, 636-642, 732-739.

GENERIC DRUGS

Harris Politis, “Generic Drugs and Substitution: Implications for Public Health and Medical liability”. Medical Law Review 2013, 10-32, 267-304.

LABOR ACCIDENT, OCCUPATIONAL DISEASE

Harris Politis, “Labor Accident and Occupational Disease of Physicians: Occupational Exposure, Particularly to HIV, Post-exposure Prophylaxis”. Medical Law Review 2012, 132-145, 312-327, 618-629.

ARTICLES AS A MEMBER OF COMMITTEE FOR ETHICS OF ACADEMY OF ATHENS

Harris Politis, “Contractual and Non-contractual Medical Liability”. Academy of Athens. Research Committee on Ethics and Deontology, 2000.

Harris Politis, “Respondeat Superior: Physicians’ Liability”. Academy of Athens. Research Committee on Ethics and Deontology, 2000.

Harris Politis, “Medical Confidentiality”. Academy of Athens. Research Committee on Ethics and Deontology, 2000.

Harris Politis, “Medical Contract”. Academy of Athens. Research Committee on Ethics and Deontology, 2000.

Harris Politis, “Assessment of the Physician’s Standard of Care”. Academy of Athens. Research Committee on Ethics and Deontology, 2000.

Harris Politis, “Are the State and Insurance Companies Obliged to Compensate Injured Parties for Medical Errors?”. Academy of Athens. Research Committee on Ethics and Deontology, 2000.

Harris Politis, “Informed Consent of the Patient”. Academy of Athens. Research Committee on Ethics and Deontology, 1999.

Harris Politis, “Artificial Fertilization”. Academy of Athens. Research Committee on Ethics and Deontology, 1999.

Harris Politis, “Therapeutic and Clinical Experimentations”. Academy of Athens. Research Committee on Ethics and Deontology, 1998.

Harris Politis, “AIDS. Legal, Ethical and Deontological Aspects”. Academy of Athens. Research Committee on Ethics and Deontology, 1997.

Harris Politis, “Euthanasia and Terminal Health Care”. Academy of Athens Research Committee on Ethics and Deontology, 1995.

Harris Politis, “Castration, Sterilization and other Special Surgical Interventions”. Academy of Athens. Research Committee on Ethics and Deontology, 1995.

Harris Politis, “The Legal Basis of Medical and Surgical Operations”. Academy of Athens. Research Committee on Ethics and Deontology, 1995.

Harris Politis, “Medical Liability in Charts”. Academy of Athens. Research Committee on Ethics and Deontology, M & L, Medicine and Law (24), 1994, 16 ff.

Harris Politis, “Medical Liability: The European Perspective”. Academy of Athens. Research Committee on Ethics and Deontology, 1994.

Harris Politis, “Transplantations”. Academy of Athens. Research Committee on Ethics and Deontology, 1994.

Harris Politis, “The Medical Practice as a Challenge to Contemporary Law: Major Medical and Legal Problems - Medical Practice as a Testing Field of Legal Theories”. Academy of Athens. Research Committee on Ethics and Deontology, 1993.

Harris Politis, “The Problem of Medical Liability”. Academy of Athens. Research Committee on Ethics and Deontology, 1992.