Faulty and Non-Faulty Surgical Accidents in Judicial Expertise: Principles and Case Law Illustrations

Olivier JARDE | Cécile MANAOUIL | François VAN MARIS

Seance of wednesday 07 january 2026 (Consultants et Experts)

DOI number : 10.26299/439k-px30/emem.2026.02.03

Abstract

Every surgeon has faced or will face, during their career, harm that may engage their liability. Such damages may result from a faulty or non-faulty event, which can occur at any stage of patient care, with liability most often engaged on a civil level, but more rarely on a criminal or professional level.
This presentation aims to revisit the elements that distinguish the notion of surgical fault from non-fault events such as risk and expected complications. Finally, we will discuss the principles established by the Court of Cassation regarding injury to an organ or tissue not involved in a surgical procedure, supported by several case law examples.