Evolution of the legal framework of the medical risk in France

The request for compensation for damage of an medical act did not always have the semantic field that we know to him today. The evolution can be summarized according to the following chronology:

During the period preceding the XVIIéme century, the medical community could not be blamed for two reasons. First was that doctor was often man of the church, and that for this reason it was not the doctor who cured, but God. In addition, the doctor being made by his patient, in the event of medical error, the patient, “not being able to complain about sound incurie”, was to assume only the consequences of them.
From 1835, the judges, without text adapted to the medical problems, judges a business by calling upon article 1382 of the civil code according to which any person causing a damage with others is in the obligation to repair it. This legal reasoning lasts one century, during which are born the medical insurances and the Medical Penny.
In 1936, following a business blaming a patient having undergone a nasal irradiation by x-rays for polypose, the appearance a posteriori of facial cutaneous after-effects highlighted that an effective cure was not stripped of risk. The concept of “tacit contract” between the doctor and his patient appeared then. From there comes the thirty year contractual regulation from the medical act. Thus, between the doctor and his patient a contract melting is tied the obligation of means of the doctor. So the doctor with the obligation to put his knowledge, and technologies at its disposal, the profit of the cure of the patient.
In the years 1950 appears the concept of information of the patient. It rises from the concept of contract which, so that the two parts get along on a decision, requires that they be commonly informed.
the concept of enlightened Consentement, by which the expert is held to clearly present to the patient all the risks of a therapeutic control, appears within the framework of American research programs towards the end of 1987. It will appear in France only in 2002 following a decision making jurisprudence. This concept of enlightened assent was in the code deontologic before it appears in the law.

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