SUMMARY

When we study medical liability for medical misconduct it is necessary to talk about the content of the obligation of information and about penalties in case of non-compliance. Concerning the content of the obligation, one of the key questions was to know the nature of the risks which have to be mentioned to the patient. Today, when we observe the jurisprudence, we realize that the only condition is that all the risks known by the doctor have to be communicated to the patient. Concerning the penalty for breach of information the Supreme Court has created a kind of presumption of prejudice binding the obligation of information to fundamental rights such as the protection and the dignity of the human being and the integrity of the human body. This now makes it possible to automatically punish the failure in information by sentencing the doctor to compensate the victim.

Keywords: Medical liability, Obligation of information, Content of obligation of information, Penalty for breach of information, Fundamental rights.