ABSTRACT
Endophthalmitis is the nosocomial infection occurring in ophthalmology. In 1988, the French Ministry of Health defined nosocomial infection as an illness caused by microorganisms and contracted in a care establishment. In the same year, decrees and stipulations relating to sanitary safety prescribed new duties for care establishments. Patients who have suffered nosocomial infection can claim compensation either through an administrative tribunal if they were treated in a hospital, or through an ordinary court if they were treated privately. Administrative jurisprudence does not allow for the exoneration of the hospital's responsibility, except where there is proof of an external cause. In ordinary law, where jurisprudence was for many years based on the duty of best efforts, victims were not indemnified. In 1996, the Court of Cassation decided that a clinic is presumed responsible for a nosocomial infection unless it can prove that there was no error on its part. Since 1999, private health establishments have a duty to secure results. The act of 4 March, 2002, states that care establishments, whether public or private, are responsible for damages resulting from nosocomial infections, except where they can prove the existence of an external cause. Where the infection results in permanent partial disability of more than 24%, and is not due to malpractice in the care establishment, the responsibility for damages is taken over by National Solidarity.
