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[Several principles of jurisprudence on the medicosurgical error]
M C Sarver-Couteau1, C Peytral
1Service d'Oto-Rhino-Laryngologie, CHI de Montfermeil.
Abstract:
When medical responsibility is questioned in a court, the fault notion is more often the center of interest of the debates. The fault reproached to the doctors are of different kinds: clumsiness, imprudence, error in the diagnosis, surpassing of their competences, dereliction of duty to inform the patient of the risks or on the medical evident consequences of a surgical intervention etc. The principles which have motivated the decisions dispensed by civil, administrative and penal jurisdictions are exposed in some of these cases.