Legal methodology, judgment summary sheet, medical liability, hospital establishments, faultless liability, medical risk, therapeutic risk, doctor patient relationship, privacy violation, article 9 Civil Code
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Abstract
This document outlines the methodology of judgment summary sheets, focusing on the liability of hospital establishments and medical professionals in cases involving exceptional medical risks.
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[...] Examination of the means Statement of the means On the first means, taken in its first branch: 2. The means are taken from the violation of article 9 of the Civil Code. 3. The means criticise the appealed judgment in that it says that the photographs were not diverted from their public advertising purpose and that they were authorised by the interested party as soon as they translate into images the commercial activity that he has developed, whereas it resulted from these statements that the publication of the photographs did not respect the purpose aimed at in the authorisation given by the interested party, the court of appeal has violated the aforementioned text. [...]
[...] In fact, it will subject the engagement of liability to very restrictive conditions. Thus, "when a medical act necessary for the diagnosis or treatment of the patient presents a risk whose existence is known, but whose occurrence is exceptional and for which no reason allows us to think that the patient is particularly exposed, the liability of the hospital public service is engaged if the execution of this act is the direct cause of damages unrelated to the initial state of the patient or with the foreseeable evolution of this state, and presenting a character of extreme gravity ». [...]
[...] The means criticize the attacked judgment in that it says that the assets do not fall within the narrow sphere of private life and that the interested party himself has published these information in an autobiographical book, whereas it resulted from these information that they not only concerned the state of fortune, but also the way of life and the personality of Mr. without their previous revelation by the interested party being of a nature to justify their publication, the court of appeal has violated the aforementioned text. Response of the Court 6. Considering article paragraph 1he, of the Civil Code; 7. It follows from this text that publishing photographs of a person, even if they are of public notoriety, and revealing information about their assets, constitutes a violation of privacy. 8. [...]
[...] 7. However, the appellate court correctly notes that the publication of private information is part of a context of controversy and contributes to the economic and social news of the collective facts in which it is inserted and the right of the public to be informed about them. 8. She was therefore entitled to dismiss the applicant's requests. 9. The means is therefore not founded. [...]
[...] 06-18.448; Council of State, Assembly, April No - Legal Methodology: Methodology of the Judgment Summary Sheet LEGAL METHODOLOGY SESSION 9 - Methodology of the Judgment Summary Sheet (Advanced I. This, April 1993 By a judgment delivered on 9 April 1993, the State Council held the public hospital service liable when the execution of a medical act necessary for the patient and presenting a known risk but whose realization is exceptional causes a prejudice of extreme gravity. In this case, following his hospitalization and medical intervention, a patient becomes tetraplegic. [...]
