التطورات القضائية لفقه المسؤولية في عدوى المستشفيات على ضوء جائحة كورونا-كوفيد19

الملخص EN

Hospital infection forms a complex classification framework, and it is the infection that is transmitted to the patient at the time of medical care; Manifested during or after hospitalization; Therefore it should be ent when the patient is admitted to the institution and declares itself at least 48 hours after admission; knowledge of its risk factors is essential to its good management; It underlies all judicial developments of the doctrine of responsibility related to hospital infection control; This jurisprudence suggests for us definitions that were developed in the context of the cases before the State Council, beyond the difficult definition of the concept itself for hospital infection, it should be noted that this issue was at the heart of the development of medical responsibility, whether in administrative law or civil law.

The complexity and cost of managing all these risks can only be compared with the jurisprudential simplification that results in matters of liability, whether for compensation issues or a commitment to protect the patient from risks; which is a constant source of concern.

For health professionals and insurance companies in a certain number of cases clinics and their doctors, as well as public hospitals will be forced to compensate the patient although there is no error.

The position of the Court of Cassation is very similar to the strictness of the State Council, which imposes an uncompromising presumption of error against the guilty.

Presumed, public or private hospital persons or entities; it is necessary to redefine the risks to the health right.

In light of these recent developments in judicial precedents and in particular issued by the Court of Cassation and the French State Council, we can, in fact, ask about the future of administrative and ordinary judicial precedents in the jurisprudence of responsibility resulting from hospital infection in light of its association with the Corona pandemic crisis - Covid 19 - And its classification as Force Majeure? which was identified in this article.