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L’influence des devoirs déontologiques sur la responsabilité du médecin

Abstract : Medical liability which is constantly evolving has known for several years significant changes linked to the legal developments of private law which influences the legal liability of doctors. Furthermore, the private practitioner is subjected to multiple liabilities, including civil, criminal, and disciplinary. This thesis focuses on the links between the liability of doctors and the rules of medical ethics. It is about analyzing physician’s liability given the consequences of non-compliance to the code of medical ethics. The interest of this research is to highlight the existing links between ethical requirements and liability by questioning, the advisability of deflecting the ethical rules in favor of liability. An analysis of liability case law will show, on one side, that not all ethical rules are intended to influence medical liability, and on the other hand, that the links between general rules of liability and medical ethics are often ad hoc. As a matter of fact, it all depends on the nature of the rule infringed, its legal status, its aim, and its addressee. In such cases, a detailed study of the state of liability and disciplinary case law allows a concrete assessment of the influence of ethical rules over physician liability. Ultimately, distinguishing the relationship between those two rules will highlight each other’s autonomy but also their commonly protected purpose.
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Submitted on : Wednesday, June 23, 2021 - 9:28:12 AM
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  • HAL Id : tel-03268310, version 1



Préjudice Diahou Tsanga. L’influence des devoirs déontologiques sur la responsabilité du médecin. Droit. Université de Lorraine, 2021. Français. ⟨NNT : 2021LORR0073⟩. ⟨tel-03268310⟩



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