Post-operative complications

Postoperative complications are one of the main sources of surgical and anesthetic responsibility, the surgical procedure being every day safer. The jurisprudence of the Court of Cassation and that of the Council of State tend to be closer to the assessment of mistakes and responsibilities. The causes of complications are often multi-factorial and lead to shared responsibility. Nosocomial infections automatically involve the responsibility of private and public health care institutions. As regards implanting prostheses, the transposition of the Directive of 25 July 1985 on defective products protects practitioners. Hospital services are responsible for defective equipment. The patient is not required to minimize his harm: this is the principle of non-mitigation.