Changes in Principles of medical liability in French law

Although today، in most legal systems there is the agreement on the necessity to take responsibility for the physician’s actions according to duty of him/her to the patients، but the difference on the basis of responsibility is still remaining. Medical Malpractice theory has lost previous attraction for its failures، and physician’s responsibility has also its drawbacks despite the advantages that it has in compensation of the injured person. In French law، despite the physician’s responsibility in fact is based on the theory of malpractice، but gradually judicial procedure and Legislator has developed imposed obligations as an exception to medical law، that it can be mentioned as a change in the principles of responsibility. However، the essential basis of the mentioned developments can be considered in philosophical schools and social movements shaped at the beginning of the last century، which their common point is the protection of consumer rights. Theory of consumer protection as the weak contractual party، introduced، accepted and institutionalized in the last century. This theory generalized at the beginning of the present century، and today it is a general legal principle. Accordingly، in most legal systems in order to maintain a balance between consumers and professionals relationship، it is tried to take steps to follow this thinking. This is also no exception، between doctor and patient relationship. For this reason، inspired by this idea the responsibility of medical jurisprudence makes the changes in the French legal system that have been considered by legislators. Looking at the rules and regulations of the past two decades، it is realized the fact that the main basis for reform in this field is institutionalization of rules and principles of consumer rights in the medical law. Rule Number 4 March 2002 entitled «Code relating to the patient’s rights and the quality of the health system” is apparently evidence to this claiming. The author by studying the mentioned changes which is formed based on consumer protective attitudes of medical care is trying to provide the causes of the use of its achievements in Iranian law. The mentioned transformation of medical law in France may be summarized in three main axes which includes change in the division of medical malpractice، in the responsibility Basics، and in the means of proving negligence and compensation methods. In this paper، regarding to the importance of the medical responsibility principles it is attempted to make clear how France law has been able to support the expand of the patient’s rights as a consumer of a medical liability، despite the failure of liability based on negligence theory.