Civil Code > TITLE XVI CONTRACTS FOR THE PERFORMANCE OF SERVICES 5

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Chapter 5. Medical or hospital contracts

Art. 2639 – Definition of medical contract.

A medical contract is a contract whereby a physician undertakes to provide a person with medical care and to do his best to maintain him in good health or cure him, in consideration of payment of a fee.

Art. 2640 – Medical profession.

The rules relating to a medical contract shall apply to surgeons, dentists, psychiatrists, radiologists, midwives, nurse and other persons following similar professions concerned with the medical art.

Art. 2641 – Definition of contract of hospitalization.

A contract of hospitalization is a contract whereby a medical institution undertakes to provide a person with medical care from one or several physicians, in connection with a given illness.

Art. 2642 – Formation of contract.

(1) The contract may be made directly between the person in need of medical care and the physician or the medical institution.

(2) It may also be made with the physician or medical institution by a third party, on behalf of the person in need of treatment.

Art. 2643 – Obligation of patient.

Where a contract has been made on his behalf by a third party, the patient shall pay the fees of the physician or the medical institution where:

(a) the person who has made the contract on the patient’s behalf is his father, mother or some other person bound by law or a contract to care for his health; or

(b) he was not capable at the time of the contract of expressing his wishes and it was at that moment essential to provide him with treatment.

Art. 2644 – Obligation of person calling upon physician.

Whosoever makes a contract with a physician or a medical institution on behalf of another shall be liable for the fees of the physician or medical institution where:

(a) he is bound by law or a contract to care for the health of the person to whom the treatment has been given; or

(b) it has been expressly agreed that he shall be personally liable to the physician or medical institution.

Art. 2645 – Reimbursement.

Where a person has paid a physician or medical institution, he shall have a right of reimbursement from the patient who has been cared for.

Art. 2646 – Fees.

(1) The fees of the physician and the medical institution shall be fixed by the contract.

(2) Where not fixed by the contract, they shall conform to usages.

(3) The court may revise the amount of fees fixed in the contract where they are so excessive as to be contrary to the etiquette of the medical profession.

Art. 2647 – Liability of physician.

(1) A physician shall not be liable to the person towards whom he is bound under the contract unless he commits a fault, having regard to the rules of his profession.

(2) The fault may consist in an omission or an act detrimental to the patient.

(3) The physician shall be liable in particular where he abandons without good cause the patient he has undertaken to care for an fails to arrange for his substitution in accordance with usages.

Art. 2648 – Guarantee of cure.

A physician shall not guarantee the success of his treatment unless he has expressly assumed this obligation in writing.

Art. 2649 – Personal nature of obligation.

(1) A physician who undertakes to treat a person shall carry out his obligations personally.

(2) He may however employ assistants under his control on his own responsibility.

(3) He shall in such case be liable, in accordance with the provisions of the Chapter of this code relating to “Extra-contractual Liability” (Art. 2130-2133), for any damage caused to the patient by the fault of one of his assistants.

Art. 2650 – Liability to third parties.

(1) Only the husband or wife of a sick person or his ascendants or descendants may, in the case of a mortal accident due to the fault of the physician, claim from the physician compensation for the loss which they have suffered through the death of the sick person.

(2) Compensation shall not be due on account of moral loss suffered by these persons unless the death of the sick person has been due to the intentional act of the physician.

(3) No other persons may claim compensation in their own right by reason of the death of the sick person, notwithstanding that they are able to prove that the latter rendered them material assistance or that they were maintained by him.

Art. 2651 – Liability of medical institution. – 1. Medical treatment.

The medial institution shall be civilly liable for the damage caused to a sick person by the fault of the physician or auxiliary staff which it employs.

Art. 2652 – 2. Board and lodging.

Where the sick person, for purposes of his treatment, is lodged and fed by the medical institution, such institution shall, as regards its obligations and responsibility arising from that lodging and feeding, be subject to the provisions regarding innkeepers’ contracts (Art. 2653-2671).

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