Failure to monitor a healthcare establishment An important obligation of a healthcare establishment is its duty of supervision. A clinic is required to take the necessary measures to ensure patient safety. “Whereas, however, by virtue of the contract for...
Liability in tort of private healthcare establishments In addition to the contractual liability of private healthcare establishments, these establishments may also be held liable in tort. In particular, in the event of a fall, they may be liable to third-party...
The contractual liability of private healthcare establishments Private healthcare establishments are bound by numerous obligations of a contractual nature. “But whereas, firstly, by virtue of the contract for hospitalisation and care binding it to its patient, a...
The doctor’s contractual obligations As we saw in our article on the Mercier decision, doctors are bound by genuine contractual obligations towards their patients. In practical terms, the doctor’s main obligations towards his patient include the following:...
Establishment of the doctor’s liability: the “Mercier” judgment Physician liability was established in 1936 with the “Mercier” ruling. This ruling laid the foundations of contractual medical liability. “A genuine contract is formed...
