ECJ ruling on health services liability

A ruling by the European Court of Justice (ECJ), published on 21 December, states that EU law does not preclude a member state from establishing a regime laying out the liability of a service provider for damages caused by a defective product, even where it is not his fault. The ruling concerned a dispute on the responsibility of the Centre Hospitalier Universitaire of Besançon, France, for damages to a patient relative to the use of a defective heated mattress (Case C 495/10).In March 2007, the French hospital was forced to compensate a patient for burns caused during a procedure. 

For more information:

http://recent-ecl.blogspot.com/2011/12/ecj-in-centre-hospitalier-universitaire.html

Christine Marking (on behalf of EUGMS) 12.01.2012