Keywords
Hospitals
Clinics
Third-party Liability Insurance
Solidarity System for Risk Assumption
Nosocomial Infection
Hospital-acquired infections
How to Cite
Abstract
The Council of State ordered, in a decision dated on 30th April 2014, the enactment of an indemnification system to bear the risk of nosocomial infections. This judgment was held in the context of the objective liability of care providers for patients' injuries engendered by hospital-acquired infections. At first, this article attempts to describe, through the line of jurisprudence method, the case-law stemming from the Council of State concerning the objective liability that applies to care providers. Besides, it will be advanced the reasons of the Council of State to enhance the scope of the theory of objective liability to nosocomial infections. Finally, it will be mentioned the core elements of the Nosocomial Infections Indemnification System laid down by the Council of State and also the role that Insurance Law can play to fully achieve objectives set out by Magistrates on the judgments dated on 29th August 2013 and on 30th April 2014.
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