the essential
Justice has ruled in a dispute between the Nord Franche-Comté hospital and a 26-year-old young man, severely disabled from birth due to a medical error at the time of his birth.
The young man won his case. The Nord Franche-Comté hospital (HNFC) was ordered to pay nearly 1.5 million euros to a person who has been severely disabled since a medical error that occurred during his birth in 1998. The health establishment, located between Belfort and Montbéliard, was found “responsible for the damage suffered by the victim”. He suffers from significant neurological disorders, according to the judgment rendered by the administrative court of Besançon.
What happened in March 1998
In March 1998, the young man’s mother gave birth and required an emergency cesarean section. The initiation of the procedure had been “too late”, according to Republican Eastwho revealed the affair. A medical error which did not cost him his life but caused him significant neurological after-effects. The parents subsequently filed a lawsuit. In May 2006, a judgment from the administrative court of Besançon, which became final in 2007, already considered the hospital “responsible for the child’s injuries” and provided for compensation until he reaches the age of majority. Then, when he became an adult, the young man took his turn to court.
32,000 euros per quarter
Sentenced, the hospital will have to pay 32,000 euros each quarter to the young man. In particular for his “future assistance expenses by a third party”, his “professional damage” and compensating the Haute-Saône health insurance fund. In its judgment, the court emphasized that the conditions of the birth constituted “facts revealing a fault in the organization and operation” of the hospital, which are “the direct cause of the after-effects” including the young man remained affected. Now aged 26, the young man travels in a “specific wheelchair with molded shell seat, headrest, support strap and footrest”, and only communicates using a computer with pupil controls, notes the judgment.
Belgium