Administrative Responsibility of the Hospital for Medical Errors

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Salaheddine chergui

Abstract

The article addressed the administrative responsibility of public hospitals for medical errors, explaining the difference between personal error on the part of an employee and an error associated with the facility itself, for which the administration bears responsibility. Liability depends on the existence of fault, damage, and causation, taking into account the specificity of medical activity and patient protection, and may include liability for minor errors or the normal risks of the activity.


The article reviews the legal development of this liability from linking the employee's fault directly to the administration to indirect liability according to the principle of guarantee, highlighting the role of the administrative judiciary in applying the rules of administrative liability and ensuring compensation for the injured, thereby achieving a balance between the rights of patients and the continuity of the health facility.

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