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Le Tutour Avocats handles cases involving medical liability arising from hospitalization in private clinics in France.
Under French law, the liability of private healthcare institutions is governed by the principles of civil liability and the Public Health Code. Such liability may be incurred in cases of fault, failure to comply with professional standards, diagnostic errors or delays, lack of supervision, or organizational deficiencies in the provision of care. The institution is, in principle, responsible for the acts committed by its employed or affiliated practitioners, as well as for ensuring the safety and proper functioning of the equipment it provides and its internal organization.
The victim must establish the existence of a fault, the occurrence of damage, and a causal link between the two. Determining whether a fault occurred—and assessing the resulting harm—generally requires a medical expert opinion, conducted either amicably or through a court-appointed expert. The purpose of this expertise is to identify any breaches, determine the extent to which the harm can be attributed to them, and evaluate the damages directly and certainly related to those breaches.
In some instances, liability may also be incurred without fault, particularly when the harm results from a defective health product (such as a prosthesis, medical device, or medication), or in cases of nosocomial infections contracted during a stay in a private clinic.
Given the technical nature of health law, it is essential to be assisted by a lawyer experienced in medical liability. The firm provides support at every stage of the process—whether through amicable negotiation, referral to conciliation and compensation commissions, or proceedings before civil and criminal courts.
Entrusting the defense of your rights to a specialized firm ensures a rigorous, strategic, and human approach aimed at securing recognition of your harm and fair compensation.