Not every disappointing outcome is negligence: a doctor is in principle bound by an obligation of means, not of result. But when a fault is committed, the victim can hold the practitioner or the facility liable.
What must be established
- A fault: error in diagnosis or treatment, lack of monitoring, failure to inform the patient.
- Harm: physical, moral or financial.
- A causal link between the fault and the harm.
Private clinic or public hospital
Against a doctor or a private clinic, the claim is in principle brought before the civil courts, on the basis of the Code of Obligations and Contracts. Against a public hospital, it is the liability of the administration that is sought, before the administrative court.
The role of the expert report
The medical expert report ordered by the judge is usually decisive. The full medical file must be gathered: reports, tests, prescriptions, invoices.
The criminal side
In the most serious cases, criminal proceedings are possible, for example for unintentional injury or manslaughter. They do not replace the claim for compensation, which can be brought before the criminal judge as a civil party or separately.
The firm's view
A complete medical file, gathered in the first weeks, is the foundation of any compensation claim.
Maître Malak Elimani assists victims and their families in medical liability claims. This article provides general information and is not a substitute for legal advice.
Reference texts
Further reading
- Accidents and compensation
- Road Traffic Accidents in Morocco: Compensation for Victims
- Workplace accidents in Morocco: first steps and compensation
- Remote working and the employment contract in Morocco: what to provide for
- Filing a criminal complaint in Morocco: the steps and what happens next
- Managing property in Morocco from abroad: powers of attorney
The information on this website is general and does not replace legal advice. Every situation requires an analysis of its own facts and documents.