Conseil d'État, 5ème chambre, 31/12/2020, 436433, Inédit au recueil Lebon
Counsel: | SARL DIDIER, PINET ; LE PRADO |
Court: | Conseil d'Etat (France) |
Judgement Number: | 436433 |
Record Number: | CETATEXT000042854738 |
Writing for the Court: | M. Jean-Dominique Langlais |
M. C... F..., Mme G... F..., agissant en son nom propre et en qualité de représentante légale de ses enfants mineurs E... A... et Candice Prost et M. D... F..., agissant en son nom propre et en qualité de représentant légal de ses enfants mineurs H... F... et Alice F..., ont demandé au tribunal administratif de Marseille de condamner le centre hospitalier intercommunal des Alpes du Sud à réparer les préjudices qu'ils estiment avoir subis du fait du décès de Mme B... F..., Par un jugement n° 1505863 du 8 janvier 2018, le tribunal administratif, retenant que les manquements du centre hospitalier intercommunal des Alpes du Sud étaient à l'origine de leurs préjudices, a notamment condamné cet établissement à verser à M. C... F... la somme de 14 000 euros et rejeté le surplus de la demande.
Par un arrêt n° 18MA00963 du 3 octobre 2019, la cour administrative d'appel de Marseille a rejeté l'appel formé par M. F... et autres contre ce jugement en tant qu'il rejetait le surplus de leur demande.
Par un pourvoi sommaire, un mémoire complémentaire et un mémoire en réplique, enregistrés les 3 décembre 2019, 3 mars 2020 et 23 novembre 2020 au secrétariat du contentieux du Conseil d'Etat, M. F... demande au Conseil d'Etat :
1°) d'annuler cet arrêt en tant qu'il statue sur l'indemnisation de ses préjudices patrimoniaux ;
2°) de mettre à la charge du centre hospitalier intercommunal des Alpes du Sud la somme de 3 500 euros au titre de l'article L. 761-1 du code de justice administrative.
Vu les autres pièces du dossier ;
Vu :
- le code de la santé publique ;
- le code de justice administrative et le décret n° 2020-1406 du 18 novembre 2020 ;
Après avoir entendu en séance publique :
- le rapport de M. Jean-Dominique Langlais, maître des requêtes,
- les conclusions de Mme Cécile Barrois de Sarigny, rapporteur public.
La parole ayant été donnée, avant et après les conclusions, à la SARL Didier, Pinet, avocat de M. F... et à Me Le Prado, avocat du centre hospitalier intercommunal des Alpes du Sud.
Considérant ce qui suit :
1. Il ressort des pièces du dossier soumis aux juges du fond que Mme F..., prise en charge le 3 avril 2013 par le centre hospitalier intercommunal des Alpes du Sud, est décédée le lendemain d'une insuffisance rénale non diagnostiquée. Par un jugement du 8 janvier 2018, le tribunal administratif de Marseille a retenu la responsabilité du centre hospitalier et mis à sa charge divers montants...
Pour continuer la lecture
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