Abstract EN:

Following the medical contract, an error is evaluated according to the professional obligations, which has been determined and widened by jurisprudence. However, once this principle defined, a practical difficulty still remains in the application of the law on the medical responsibility. The error must be identified considering that its limits very often reveal the mistake. The doctor commits many more mistakes than errors and the law should take that into consideration. Theoretically, we should question ourselves first on when can we talk about an error on the doctor's part and whether any error implies the doctor's responsibility. Thus, it becomes a matter of identifying the error as not being a mistake in medical practice, particularly because the remedy and the responsibility should be distinguished. And not only because they have completely different roots, they belong to two different logical systems but also because the making of the law has to tightly go hand in hand with the reality of the medical field.