Liability doctors

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GENERAL :

Responsibility is a moral or legal obligation to answer for his actions before others and take the consequences.

The first notions of responsibility existed in the code & rsquo; Hammurabi, 1750 AJC : " an eye for an eye, tooth for tooth ".

The doctor is a citizen who has a risky business in an organized profession.

As a citizen he is accountable to society but also from its occupation.

"Any act of any person who causes damage to another, render the person through whose fault it happened, repair the. » Art. 124 the Civil Code.

This is a remedial responsibility.

It requires the three elements:

  • Fault,
  • The damage,
  • The causal link.

Obligation to repair the damage caused when the patient & rsquo; d & rsquo it follows; a fault.

There are two types of liability:

  • The contractual liability.
  • Tort or tort.

The contractual liability

It originates in the contract:

the contract is "an agreement by which one or more persons, obligate themselves to one or more other, to, to do or not to do something "

Art. 54 code civil.

Apply to medical field, is give and accept care.

Applied to medical field, the contract is the & rsquo; agreement by which the patient expresses the will & rsquo; accept the care required by his condition, accompanied by the doctor's will to give.

It stems from the breach of contract.

The medical contract :

It is a bilateral contract.

Verbal (no writing is necessary) ;

Tacit (without word but soon joined the ..) ;

This is an ongoing contract and cancellable.

The obligations :

The obligations placed on the doctor's care are usually ways to Bonds and Prudence and diligence in line with current Science acquired data.

The obligation of means : Put serve the patient the most appropriate way to its status. Exceptionally obligation of result : laboratories, blood transfusion, plastic surgery, radiology.

The contract training conditions :

  • The capacity of the Contracting (art 78 CC, art 197 and 198 the L.P.P.S and art 44 and 73 CC.)
  • The consent of the Parties (art 59 at 91 CC)
  • Licit of Contract Subject (art 96-99 CC)
  • The lawful pursuit of the Cause of Contract (art 97-98 CC)

Fault :

Commonly defined as "the mistake would not have committed an individual ordinarily prudent and diligent enough, placed in the same objective situation as the agent of the damage. "

The damage :

He derive different injuries, they can be physical or emotional.

The causal link :

Between the fault and the damage.

Tort

It is held when there is no link and no obligations between the doctor and patient.

It is based on fault.

The patient must prove fault and injury.

Offense : Involves willful misconduct.

Tort : The mistake is unintentional.

Limitation period : 03 years.

The different types of tort

The Civil Code provides for three cases of tort liability:

Liability for staff :

Art. 124 at 133 code civil.

Responsibility Vicarious :

Art. 134àl37du code civil.

The Liability things :

Art. 138 at 140 the Civil Code.

The responsibility administrative du médecin :

Public health facilities provide disease diagnosis, monitoring and treatment of patients, they are also responsible for organizing.

Any fault may engage the responsibility of the administration (lack of staff, breach of the service obligations, injury by negligence, fall sick,…)

The detachable fault of Service: when a person commits a foul outside his service or not depends on the activity of the hospital, she personally liable (operating surgeon drunk, abundant guard,…)

Cours du Dr Ghenam – Faculty of Constantine