المستخلص: |
Being responsible for a medical error depends as proving that the doctor has made avery gross mistake which is more dangerous than a trivial one. The Judiciary estimates the grade of the medical error according to the report of the medical experts because the judiciary differentiates between the medical error in estimating the compensation and stipulates making a very gross mistake and the therapeutic mistakes in which proving a trivial mistake is enough. This differentiation is related to the nature of work, as the doctors work stipulates gross mistakes while the public health assistants stipulate trivial mistakes only. As it is difficult to prove the gross mistakes and to estimate the compensation, the French and Algerian judiciary are reviewing the gross and trivial mistakes to establish the medical mistakes based on justifications that can be proved with difficulty which are: the medical work is difficult to be proved and it is associated with care not results, and the occasional sensitive circumstances of the doctors interference.
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