Is the hospital responsible if a patient falls?

The patient was over 80 years old at the time of hospitalization in cardiology for simple examinations. She emerged with two fractures, one of the knee and one of the wrist, that required surgery. She thought she would get the conviction from the clinic, which she said had failed to supervise. The fall had occurred at night, when the patient, hampered by infusion lines, stood up without seeking help to go to the toilet. A form of ill-treatment of health workers whose pressure would have led the victim to fend for himself was reported in court.

The cassation appeal alleges a violation of the law. The Court of Appeal reportedly set aside discussion of a certificate provided as evidence of the clinic's failings and distorted its content. But the Court of Cassation does not follow this reasoning. She agreed with the court of appeal, which noted that the victim, “in full capacity of his mental and physical faculties,” did not need any special assistance, hence the absence of fault incurring the contractual liability of the health facility.