Problemes poses par les expertises d'evenements infectieux devant les juridictions civiles,administratives ou penales

摘要

Objective.The judiciarisation in the medical field currently reaches a top and does not preserve any professional of health.Various juridictions can be seized by the plaintiffs.The majority of cases lead to clear the prosecuted doctor,but during several years he is the object of annoyances which will disturb his professional exercise and its psychological stability.Material and methods.The experience of the author and the relevant examples will make it possible to the reader to seize the depth of the subject and its legal approach.Results.Despite the quality of physician's exercise,nevertheless,faults are regularly retained which will be the object of compensation out of civil matter by the insurance companies (they will probably not reinsure you) and the premiums will become exorbitant for the faulty expert.Penal judgments can be marked and are likely to block your professional exercise.Discussion.The insurance company will provide you a lawyer to be your defendant in association with educated medical experts having expertal experience.Nothing is played in advance and remains function of the impartiality and the quality of the expert.You can always make appeal of one judgement following the expedrt report if it is not favourable:but it remains to the magistrate to make the decision according to the clearness fo the report and its relevance,which will carry or not the conviction of the court for the decision regarding the expertise.the lawyers will put forward their point of view which will be followed or not.To put the finger in the legal gears is extremely unpleasant by duration and unexpected reversals.