Criminal Law and Civil Law--that have a general application require personnel misconduct. However, the criminal liability of legal entities is now provided by the law. Public law only deals with the liability of the establishment as a consequence of a fault of the administrative service or of a personnel misconduct. The liability of the closest collaboration of the surgical team (Surgeon, Anaesthesist...) used to be transferred onto the surgeon. The liability of the surgeon is now autonomous but the latter still have a general duty of supervision. There is a wider application of collaboration. One is still liable for his faults but their is a duty of vigilance on partners together with a duty of mutual information of the medical practitioners who successively intervene. There is also a new liability for the lack of mobilisation of adequate skills. Curing Establishments are now considered as partners of the medical agreement and are often sued in case of deficiency of the organisation of medical attendance. The nursing homes shall have now to control the quality of the medical activity.
France Hospital Administration