GL with AFP –
The case concerns a cosmetic surgeon who is appealing to the courts. A client, victim of a nosocomial infection, that is to say after the operation within the confines of her establishment, had ordered her to pay compensation. The surgeon then argues that the automatic compensation provided by law from health establishments, except proof of an extraneous cause, is not applicable, because an autonomous cosmetic surgery facility is not, administratively, a ” health establishment”, according to the definition of the Public Health Code. For him, only the health establishments defined by the code are systematically responsible for nosocomial infections.