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Medical negligence: Reversal by the Court of Appeal

06 November 2020

Another medical negligence case that has been pending since 2004 is being referred for retrial by the Appeal Court. After 7 years, the Appeal Court with a unanimous decision overturned the decision of the first instance court issued in 2013, which, however, did not attribute responsibility to the Defendant neurosurgeon of the General Hospital of Nicosia. The Appeal Court, adopting the positions of Michael Vorkas and Marialena Constantinou, who represented the then 39-year-old Plaintiff, ruled the first instance decision erroneous, pointing out the lack of a detailed assessment of specific yet essential aspects of the expert medical testimony, indicating that Court of First Instance "did not adequately lead its thinking on the contradictions" of the doctors who testified for the Defense.

The decision can be accessed here:

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