The Concept of Medical Malpractice: A Historical Perspective

In France, as in many other countries, medical malpractice has been a concern for centuries. The concept of medical malpractice dates back to ancient times, with roots in Roman and English law. In this article, we will explore the historical development of medical malpractice claims, from their origins to modern times.

Early Records of Medical Malpractice

One of the earliest recorded instances of medical malpractice can be traced back to 1532, during the reign of Charles V, when a law was passed in France requiring the opinion of medical men to be taken formally in every case of violent death. This was a precursor to requiring expert testimony from a member of the profession in medical negligence claims, to establish the standard of care.

The Norman Conquest and the Development of Common Law

After the Norman conquest of England in 1066, English common law was developed, and records were kept in the Court of Common Law and the Plea Rolls. During the reign of Richard Coeur de Lion at the close of the 12th century, these records provide an unbroken line of medical malpractice decisions that continue to modern times.

Roman Law and Medical Malpractice

Around 1200 AD, Roman law was expanded and introduced to continental Europe. Under Roman law, medical malpractice was a recognized wrong. The Code of Hammurabi, dating back to 2030 BC, also provided for punishments for doctors who caused harm or death to their patients.

The Concept of Medical Responsibility

The concept that every person who enters into a learned profession undertakes to bring to the exercise of a reasonable degree of care and skill dates back to the laws of ancient Rome and England. This idea is still relevant today, as medical professionals are expected to provide competent care to their patients.

In conclusion, the definition of medical malpractice in France has its roots in ancient law, with influences from Roman and English common law. Over time, the concept has evolved to include expert testimony and a focus on establishing the standard of care. As medical practice continues to evolve, it is essential to understand the historical context that has shaped our understanding of medical malpractice.

Notable definition francais