Abstract EN:

The administrative jurisprudency concerning the damages due to medical malpractice was based on the notion of"serious fault" for the medical acts. The decision of the conseil d'etat on april 10 th, 1992 put an end to this principle and recognize the administrative liability for the "medical fault" without a qualification. Our survey presents the elements of the "serious fault" and also the other conditions used by the courts for administrative liability in the previous jurisprudency, that is : - the qualification of a simple fault in the organization or in the functionning of the service, instead of the "serious fault" in medical acts, - or sometimes, the presumption of the service fault when the fault cannot be found in some medical acts. Even if several plans have proposed to indemnify for medical maloccurence, the elements used to qualify the medical fault are still determining to select the kind of indemnification, because the medical fault, or the service fault will always have to be excluded before any indemnification for medical maloccurence.