معيار درجة جسامة الخطأ كأساس لقيام المسؤولية الإدارية للمستشفي العمومي عن الأخطاء الطبية

Abstract EN

The medical act in the public service is concretized in the public hospital services by the doctors and surgeons, and covers, among other things, the diagnosis of the patient and the prescribing of the appropriate treatment and thus to carry out the surgical operations; Nevertheless, the practice of the medical act can also generate faults which can cause harm to the patient and which would engage the administrative responsibility of the public hospital.

One wonders here about the criterion taken by jurisprudence and doctrine in determining the degree of fault committed, because doctrine has been divided into two tendencies, those which encourage the criterion of gross negligence, and those which favor the criterion against, that is to say: the criterion of simple fault.

French and Algerian case law on their part has evolved over time in this direction, favoring one criterion over the other.