[Consumers, users and liability lawsuits. Theory].

Abstract

Over recent months, various medical societies have held sessions about this delicate subject which have focussed more on information than discussion, reflecting a certain degree of concern. Professionals, i.e. legal or private experts have always met in specialized societies, occasionally inviting jurists, magistrates or insurance company legal advisers to participate in their discussions. However, the debates between specialists largely escape the non-specialist doctor. In general medical societies, any discussion which follows a basic presentation is too often diverted towards particular details and personal cases. Some meetings present "informal chats" which give the listener the erroneous impression of having being informed. It is very difficult to practically and usefully inform colleagues, but the author nevertheless attempts this task. The first part of the article presents the classical internship questions in the form of "management of a case of ...". The second, legal part concisely defines the situations of various types of doctors in relation to medical responsibility and briefly deals with the general problem involved. The author has a limited experience. Despite certain encouragement to apply for inscription on the list of expert surgeons as well as that of expert urologists, the author only applied to be an expert urologist, a role he has filled for the last 28 years. He has seen slightly more than 40 cases of urological medical responsibility. The doctors concerned were essentially urologists, gynaecologists, "gastrointestinal" surgeons and even orthopaedic surgeons. However, general practitioners have also been implicated for failing to take urgent and necessary measures required by the patient's condition.