Medical liability for technical fault Medical malpractice – Except where their liability is incurred due to a defect of a health product, health professionals are not responsible for the harmful consequences of acts of prevention, diagnosis or care in case of fault (Article L1142-1, Public Health Code). So it is necessary to hire medical malpractice lawyer like Paul Napoli to handle the case effectively.
What is a technical fault?
Technical faults, also known as medical malpractice, are those committed by the physician as part of his obligation to give conscientious, attentive care and in accordance with the acquired data of science.
The mistake of clumsiness– This fault results from a lack of knowledge of the rules of art and is assessed by comparison between what has been done and what should have been done.
The responsibility of the practitioner is established, since the performance of the medical act performed “did not imply” the lesion found and that the patient did not present “an anomaly rendering its attainment inevitable.
The judges of the merits take into account all the circumstances of the damage to qualify the contentious behavior of faulty, and in particular the degree of difficulty of the acts.
In the absence of predispositions of the patient, and taking into account the methods of carrying out a colonoscopy, the perforation of the walls of the examined organs was the consequence of a clumsy awkward gesture.
Since 2000, the Court of Cassation imposed on them an obligation of precision of the surgical gesture which borders on the obligation of result, since the responsibility of the practitioner will be established since the realization of the medical act carried out “did not imply” the lesion observed and that the patient did not present “an anomaly rendering his attack inevitable.
How to prove the technical fault?
First by requesting a copy of the medical file.
Then, the appreciation of the technical fault, made by a doctor, is done most often by means of a medical expertise.
This expertise is often requested by the court.
As soon as a court needs a technical opinion in a field that does not fall within its competence, it can order a medical report.
The purpose of the medical examination is to assess the harm done to the person and to assess the bodily injury.
The assessment is done in the context of a trial. On the basis of the expert’s evaluations, the court decides on the amount of compensation due to the victim.
II – What are the compensation procedures?
a) As soon as a patient is prejudiced during his stay, he can refer to the “Committee on User Relations and Quality of Care”.
In order to challenge the commission, the victim will have to make a claim to the director of the health facility in advance to obtain a remedy.
If this does not succeed, the request is rejected, or the hospital remains silent for more than 4 months, the claimant has litigation rights.
If the board finds a fault, the notice is sent to the manager and his insurer who will be responsible for making an offer to your daughter.