- Cour de Cassation, First Civil Chamber, (pourvoi no. 01-17.908)Bull.civ. 2004 I no. 262, p. 219
- 09 November 2004
- Translated by:
- Tony Weir
- Professor B. S. Markesinis
In view of articles 1382 and 1384(5) of the Code civil:
Given that a salaried medical doctor is not personally liable to a patient for conduct which falls within the parameters of the work which a private health clinic retains him to effect.
Given that after an operation on his carotid artery M. Y… was placed under the supervision of M. X…, a doctor on the staff of the International Clinic of the Parc Monceau, that he then suffered a haemorrhage followed, despite further surgery, by a paralysing stroke; given that he then brought suit against the International Clinic of the Parc Monceau, M. X… and their insurers;
Given that in its judgment that M. X… and his insurer were both liable for 90% of the harm suffered by M. Y..., representing the lost chance of recovery, the court below held that although M. X… was a paid member of the staff he remained independent in his professional activity and so was liable for the inadequacy of his post-operational supervision under article 1382 Code civil;
But given that in so holding the court of appeal violated the texts mentioned above;
For these reasons …. quashes and annuls the decision below.
This page last updated Thursday, 15-Dec-2005 09:05:51 CST. Copyright 2007. All rights reserved.