Compensation for a Damage of Surgical Responsibility: Characteristics of the Evaluation of the Damages

Since 1936, legislation concerning medical liability has evolved having actually followed the transformation of society: obligation of means and sometimes obligation of results, to the wrongful event added a non-wrongful injury. Three changes are significant: the separation between civil and criminal errors, support of the therapeutic risk, and finally the characterization of the breach of the duty to provide information in a civil fault. The conditions of accessibility in search of compensation have been made easy by the creation of appropriate jurisdictions, like the RCRC (Regional Commission for Reconciliation and Compensation). The designation of experts is made, usually, within the general framework of the lists specified by tables and specialized topics. Current and future clinical cases lie in care facilities and are mostly related to the use of new technologies and the organization of care. Is the sought damage due against an act that would be uneventful, temporary or permanent? The notion of damage and its compensation takes into account damages under the Dinthillac nomenclature frameworks.