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[Nosocomial pathology: medico-legal incidences in surgical practices].

The nosocomial pathology concept includes all the complications taking place while performing a prevention diagnosis or during a medical treatment, proved in relation with the treatment but independent from the original pathology and its course. This notion is acknowledged in the 2002-303 law which concerns the "medical accidents, iatrogenous disease and nosocomial infections" which aetiology and damages are being assessed in the same way by registered medical experts at country level Public and administrative liability relies on the proof of a prejudicial mistake. This mistake being a failure to comply with commitments and means to identify and limit potential risks as well as to limit access to the proved damage while complying with best practice rules and regulations in force. The security chain can be altered less by human failure (20%) than by a bad system organisation (80%). Security management is every one's concern among the medical team, the forensic mistake being a risk management failure.