Medical liability
The physician is accountable to his or her peers and patients.
The physician’s responsibility is disciplinary, administrative, civil, and criminal. In the event of a dispute, either or all of the responsibilities may be established against the physician, so that the plaintiffs can obtain justice and, if necessary, compensation.
Disciplinary Responsibility
Failure to comply with ethical and ethical requirements results in disciplinary sanctions. Disciplinary responsibility is committed when the offenses concern the provisions of the Code of ethics and fall within the jurisdiction of the Council of the Order constituted in the Disciplinary Chamber in accordance with the law. It can be seized by a patient, a professional or trade unions of professionals, an order, the Minister in charge of Health, the public prosecutor.
Administrative Responsibility
It is the responsibility of public hospitals. She is liable for damages caused by her public officials, including doctors, interns, residents, and medical students.
It can lead to penalties up to the revocation of the Public Service in the case of a public sector doctor.
Public liability
It is committed when the responsibility lies outside the contract of care, whether the damage was intentional (delictual), or not (quasi-delictual). Civil liability can also be invoked in the event of poor performance or partial or total failure to fulfill obligations arising from a (contractual) care contract.
