Legal update: Compensation claims and interest Any litigant can see that when he or she takes a case to court, the justice system is overwhelmed by the number of cases it has to deal with. Also, the human resources allocated to the courts do not allow cases to be...
The jurisprudential principle of full compensation and its development In France, the principle for victims is full compensation for their loss. However, this principle has been built up gradually by case law. Cass. civ. 2, 28 October 1954, JCP, 1955 Cass. civ. 2, 16...
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 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...
