By Catherine Paley-Vincent, Associate lawyer and Charlotte Paillet, Collaborating lawyer

Article published with the kind permission of the Medical Editorial Director of La Revue du Praticien
Source "the review of the practitioner.fr_February 2020_tome70_numero2"

The law of March 4, 2002 codified the general principles of the law of medical liability, providing a textual basis for the rights of patients already identified by case law over time. However, whatever the extent of the intervention of the legislator, the judge remains one of the pillars of the concepts of medical liability, making sure that this one stays in line with the values ​​of our company. In so-called “indemnity” litigation, it is up to the civil or administrative judge to assess, with the help of an expert report or data acquired from science, any breaches of the health professional likely to engage his responsibility. The judge can also be seized so that a criminal or disciplinary sanction is pronounced against the practitioner. In this case, the court is called upon to judge the man and his behavior, taking into account the circumstances of the alleged facts.

Article by Catherine Paley-Vincent et Charlotte Paillet thus briefly presents the litigation of medical liability so that physicians understand on what bases they may be brought to trial and allow them to prepare their defense accordingly.

Catherine Paley-Vincent

Catherine Paley-Vincent

Partner

Recognized expert in health law, she intervenes in particular for the constitution and monitoring of structures between hospital and / or liberal health professionals, for the management of possible conflicts and their transactional, judicial or disciplinary consequences. The field of medical imaging is particularly familiar to him.

She advises pharmaceutical companies on medical devices, labeling and clinical trials.

She is regularly consulted on the application of ethics, in particular with regard to the regulation of professional orders of networks, advertising and the Internet used in the medical and veterinary world.