[Does a victim's fault exonerate medical responsibility?].
Victim fault constitutes a paradox in which the person creates herself her damage and runs the risk to suffer of it. That situation can occur in several cases, exploration or therapeutics. French liability rules consist in application of Civil code articles n(o) 1382 and 1383, but mainly 1147 concerning contractual liability since 1936. Indubitably, victim fault exonerates practitioner from her liability, at least partly. After report of a few files, the author proposes safety rules which can help to avoid problems.
Bernard
M G
MG
l'Université Paris V. michel.bernard30@liberty-surf.fr
D019548:Crime Victims; D005602:France; D006291:Health Policy; D006331:Heart Diseases / Q000150:complications / Q000628:therapy; D006801:Humans; D016365:Liability, Legal; D010349:Patient Compliance; D016312:Treatment Refusal