Le lien de causalité et la responsabilité des hôpitaux publics à l'époque de la révolution médicale. Une étude de la jurisprudence administrative française à la fin du XXe siècle.
This article presents an analysis of causation in the administrative jurisprudence of France on liability of public hospitals during a period called the medical revolution, in the late twentieth century. These were years of great change related to advances in medical science, public health services...
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| Format: | Article |
| Language: | French |
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Universidad Libre
2013
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=4763483 |
| Source: | Diálogos de saberes: investigaciones y ciencias sociales, ISSN 0124-0021, Nº. 39, 2013, pags. 21-42 |
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| Summary: |
This article presents an analysis of causation in the administrative jurisprudence of France on liability of public hospitals during a period called the medical revolution, in the late twentieth century. These were years of great change related to advances in medical science, public health services and reform of law administrative. And, it was found that, given the difficulties in the area of establishing causation, on the one hand, and advances in medical science, on the other hand, the judge had to developed innovative legals tools like the presumption of guilt and the presumption of causality. This tendency could be justified because relaxes the requirement of absolute certainty in causation, perhaps, in an attempt to consider the severity of the harm usually inflicted to patients by mistakes made in hospitals run by the government. This orientation suggest that the administrative judges during the 1990s had the ability to anticipate to the new causation analysis developed years later. This advanced position of the administrative French judge can throw lights, from a compared and historical perspective, on current studies that in this matter are realized in the countries which administrative jurisprudence has inspired traditionally by that of the State Council and administrative French courts, since it has happened in Colombia. In addition, in the XXI century has begun to admit a degree of uncertainty in this area and probabilistic causality has accepted. Currently, the guideline seems to be the consolidation of the distinction between causality, on the one hand, and the imputation of administrative responsibility,
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