مدى مسؤولية الطبيب الجراح عن أخطاء مساعديه في المستشفيات العامة

الملخص EN

The surgeon is considered the leader of the medical team, with regard of his field of expertise, since he’s the one who intervenes directly during all stages of the treatment.

the surgeon intervenes with a team of specialists and assistants, but it is him who determines the margin of intervention of each of them, under his direction and supervision.

this raises questions about the responsibility that results from this intervention.

the difficulty lies in the surgeon’s request for assistance of the anesthesiologist, the radiologist, the laboratory technician, which makes it difficult to determine the scope of liability of each for the possible damages caused to the patient.

this group work has given rise to the cases of liability within the medical team.

thus, the surgeon, as principal, is secondarily responsible for the fault committed by his assistants.

how ever, the surgeon’s liability for the faults of his assistants, arises from his power of supervision, guidance and oversight on them during the performance of their missions, and as soon as this bond ceases to exist, the responsibility is shouldered by the public hospital, being the original principal.