MEDICAL RESPONSIBILITY IN-HOSPITAL PRACTICE

Patients can take action against physicians in front of different cour ts : Penal or Administrative Courts. Most of the time, the counsel cho oses the legal proceedings. In the past, it was always necessary to pr ove the existence of malpractice; today, since 1990, the Administrativ e Court admits that ii is no more necessary to find a malpractice, a d amage and a link between the both. The medical expert valuation takes an important place in this matter. Nevertheless, the magistrate is not bound by the expert's report. In the last ten years several decisions have changed the usual rules in the matter of medical liability. Actu ally in some special cases the Administrative Court admit a medical re sponsibility without malpractice and so judges speak of medical risk.