المسؤولية الإدارية للمرافق الاستشفائية العامة

Abstract

Hospital facilities are considered public facilities of an administrative nature. They were established to achieve the public interest in the field of health. However, in this context, they may suffer damages that require compensation. Therefore, they are subject to the administrative liability system, where the latter bears the burden of compensation, whether on the basis of error or without stipulating error. By achieving the element of damage based on the so-called causal relationship, the injured party may resort before the competent judicial authorities under a claim for compensation on the basis of administrative responsibility to follow up on this facility to obtain compensation despite the difficulty of proving errors related to the human body, and their relationship to medical or therapeutic activity, especially with scientific developments. These activities are witnessing to become complex and sophisticated, and in this field the administrative judge has broad powers to assess these errors and grant him compensation according to a preliminary administrative decision that can be appealed through ordinary and extraordinary methods of appeal.