An appeals prosecutor has filed a petition with Greece’s Supreme Court (Areios Pagos) seeking to overturn a ruling by the Mixed Jury Court of Appeal of Thessaloniki, which sentenced a surgeon to three years in prison after he performed a preventive double mastectomy on a patient who did not have a confirmed genetic predisposition to breast cancer.
According to judicial sources, the prosecutor’s appeal challenges both the court’s decision to downgrade the charge from a felony to a misdemeanor and its decision to grant the convicted doctor a second mitigating circumstance. The prosecutor is requesting that the case be retried before the Court of Appeal, a request that will now be examined by the Supreme Court.
Last month, the Thessaloniki Mixed Jury Court of Appeal found the surgeon guilty of causing grievous bodily harm with possible intent, but as a misdemeanor rather than the original felony charge. The court also recognized two mitigating factors: good conduct after the offense and genuine remorse. The first had already been recognized during the initial trial, while the second was added on appeal.
As a result, the doctor’s sentence was reduced from five years’ imprisonment to a three-year suspended prison sentence.
The Case
The case dates back to 2018 in a city in Central Macedonia and stems from a complaint filed by a woman who is now 60 years old.
She said that because of a family history of breast cancer, she underwent regular preventive screenings. In the autumn of 2018, calcifications were detected in her breast, and her doctor allegedly recommended genetic testing to determine whether she carried an inherited cancer mutation.
According to her complaint, the doctor later informed her that the genetic test was positive and advised her to undergo an immediate preventive double mastectomy.
Trusting the physician, with whom she had developed a friendly relationship, she said she never asked to see the test results and underwent the irreversible surgery within a few days.
Following the operation, she suffered serious complications that required additional medical treatment.
She later contacted the research center responsible for conducting the genetic analysis and was allegedly informed that the test had never been performed, despite the fact that she had paid the doctor for it. When she eventually underwent the genetic test herself, the results were negative.
“Had I known the truth, I would never have proceeded with this irreversible operation, which amounted to a mutilating procedure,” she told the court, describing the physical and psychological suffering she has endured.
The Doctor’s Defense
In his testimony, the surgeon denied all allegations, arguing that the decision to perform a preventive mastectomy was medically justified and had been made jointly with the patient.
He maintained that her family history, age, and breast calcifications were the determining factors behind the recommendation.
“The aesthetic aspect also played a role,” he said, rejecting claims that he had misled the patient about the genetic testing.
“Most of my colleagues would have acted the same way,” he added in defense of his medical judgment.
The woman had already prevailed in separate civil proceedings, where the courts awarded her compensation for the harm she suffered.
