Public hospital liability
PUBLIC HOSPITAL RESPONSIBILITY
A doctor practicing within a public hospital is not personally liable for harm caused to a patient due to their fault.
Indeed, the doctor acts as a public service agent, and the patient is considered a user of a public service. As such, only the public healthcare institution can be held liable.
If, however, the doctor commits a personal fault separate from their official duties, then civil liability may apply — but only in such cases.
A personal fault separate from official duties is defined by case law as a particularly serious fault that cannot reasonably be attributed to the normal functioning of the public service. This includes, for example, a fault committed with intent to harm, for personal gain, or a blatant breach of professional ethics.
Since the law of March 4, 2002, the administrative liability of public healthcare institutions can be invoked under Article L1142-1 of the Public Health Code, just like the liability of private healthcare professionals and institutions. Therefore, apart from the exceptional cases provided for in Article L1142-1, the administrative liability of a public healthcare institution can only be established if the patient provides proof of a fault, a damage, and a causal link between the two.
A medical expert assessment will be required to establish this fault. In principle, no judge will rule on medical liability without first obtaining the informed opinion of a qualified medical expert.
The competent courts for handling administrative liability of public healthcare institutions are:
• the Administrative Court at first instance,
• the Administrative Court of Appeal,
• and, if necessary, the Council of State (Conseil d’État).
PUBLIC HOSPITAL RESPONSIBILITY
PUBLIC HOSPITAL RESPONSIBILITY
A doctor practicing within a public hospital is not personally liable for harm caused to a patient due to their own fault.
Indeed, the doctor acts as a public service agent, while the patient is considered a public service user. Therefore, only the liability of the public healthcare institution can be engaged.
However, if the doctor commits what is known as a personal fault separable from their duties, they may then incur personal civil liability—but only under those specific circumstances.
A personal fault separable from official duties is defined by case law as a particularly serious fault that cannot reasonably be attributed to the functioning of the public service. Examples include misconduct committed with intent to harm, for personal gain, or a fault that is inexcusable under professional ethics.
Since the law of March 4, 2002, the administrative liability of public healthcare institutions may be invoked under Article L1142-1 of the Public Health Code, just like the liability of private professionals and institutions. Therefore, except in the exceptional cases mentioned in Article L1142-1, the administrative liability of a public healthcare institution can only be engaged if the patient proves the existence of a fault, a damage, and a causal link between the two.
A medical expert assessment will be required to establish such fault. In principle, no judge will rule on medical liability without first obtaining the opinion of a qualified expert.
The competent courts for hearing administrative liability cases involving public healthcare institutions are:
• the Administrative Court (first instance),
• the Administrative Court of Appeal,
• and, if necessary, the Council of State (Conseil d’État).
Public hospital liability
PUBLIC HOSPITAL RESPONSIBILITY
A doctor practicing within a public hospital is not personally liable for harm caused to a patient due to their own fault.
Indeed, the doctor acts as a public service agent, and the patient is considered a user of a public service. As a result, only the public institution’s liability may be engaged.
However, when the doctor commits what is known as a personal fault separable from their duties, they may then incur civil liability, but only in such cases.
Case law defines a personal fault separable from official duties as a particularly serious fault that cannot reasonably be attributed to the normal functioning of the service. This includes, for instance, a fault committed with intent to harm, for personal interest, or one that is inexcusable under professional ethics.
Since the law of March 4, 2002, the administrative liability of public healthcare institutions may be engaged under Article L1142-1 of the French Public Health Code, just like the liability of private professionals and institutions. Outside of exceptional circumstances provided for in Article L1142-1, the administrative liability of a public healthcare institution can only be established if the patient proves the existence of a fault, a damage, and a causal link between the two.
A medical expert assessment is required to demonstrate this fault. In principle, no judge will rule on medical liability without first obtaining the informed opinion of a qualified expert in the field.
The courts competent to hear cases involving the administrative liability of public healthcare institutions are:
• the Administrative Court at first instance,
• the Administrative Court of Appeal on appeal,
• and, if applicable, the Council of State (Conseil d’État).
The Founder of the Firm
Me France BEDOIS, Lawyer at the Court and Lecturer at the University
Me France BEDOIS took the oath 10 years ago before the Court of Appeal of Montpellier. Today, she divides her time between the Paris Bar, where she practices as a lawyer defending victims of medical errors and seeking compensation, and the University of Montpellier, where she teaches this same field to students and professionals.
Me France BEDOIS has represented nearly 2000 victims of medical accidents (whether fault-based or not) across France (including overseas territories), dealing with surgical errors, nosocomial infections, diagnostic delays, and therapeutic hazards. Her expertise and that of her team are widely recognized.
Me BEDOIS, along with her team, will do everything in their power to assist you with professionalism, humanity, and dedication.
A Word from the Founder
“Passionate about defending victims and the medical field, I founded my firm in 2014, after working in the legal medicine unit at the University Hospital of Montpellier and volunteering with several victim support associations.
Since 2020, the firm has been known as BEXXIS LEGAL.
I now dedicate myself exclusively, as a lawyer, to the defense of victims of medical accidents with the same unwavering commitment. In addition, I teach this subject at the University, hoping to provide the best possible training for the generations of today and tomorrow in mastering this complex area of expertise.
I handle extremely serious and painful cases, and I am deeply committed to being worthy of the trust placed in our team when a case is entrusted to us, a case which is often a life-changing one.
I thank you for the attention you have given to this brief message and to our law firm.
With great respect,
France Bedois
Lawyer at the Court”
Some Google Reviews
Isa Germino
“A devoted and compassionate firm.
Maître Bedois is a dedicated, effective, and very compassionate lawyer.
Without her, I would have never had the courage to see it through. I will be forever grateful. Thank you so much.”
Aurélie Joly
“A deeply human and efficient firm.
Maître Bedois was able to take charge of an ongoing case, showing both pedagogy and humanity, and achieving a result that met our expectations.
The firm truly deserves an optimal rating.”
Tshua Ly Ka So
“We met a great lawyer who is human and empathetic. It’s rare. We are forever grateful for what she was able to achieve for our sister and for us. We were very lucky to have met her… Thank you for her work and her humanity towards all medical victims…”