Du fait des progrès scientifiques modernes dans le domaine médical, ont été soulevés de nombreux problèmes concernant la responsabilité du service public hospitalier à cause de l'utilisation des méthodes scientifiques modernes en médecine. Le juge administratif français a été et est le moteur de l'évolution des règles en matière de responsabilité du service public hospitalier. Ce n'est pas le cas de la juridiction administrative au Liban. Mais plusieurs réformes législatives ont été adoptées au Liban depuis 1996. La thèse permet de confronter les solutions du droit positif français et du droit positif libanais et de rechercher les raisons d'une responsabilité médicale rarement mise en œuvre au Liban alors que les principes juridiques posés sont proches du système français. / Because of modern scientific progress in medical field, many problems, concerning the hospital public service liability, have been established as a consequence of the use of modern scientific methods in medicine. The French administrative judge has been and is a central point of rules evolutions in the field of hospital public service liability. This is not the situation of administrative jurisdiction in Lebanon. But several legislative reforms have been enacted in Lebanon since 1996. This research permit to discuss solutions of positive French and Lebanese laws, and to know why medical liability, in Lebanon, is rarely in service. Although Lebanon has the same rules and principles of France.

<p>In the essay, the view of mistakes and disciplinary sanctions within the military aviation and health and medical service, are compared. The comparison shows that military aviation and health and medical service could have several points in common on how mistakes may occur, but that the present view of mistakes is different betwen the sectors. The view of mistakes and disciplinary sanctions is explicit within military aviation, and is based on a clear ideology on how mistakes occur, which is characterised of a systematic approach. Within health and medical service, an explicit and unequivocal ideology on how mistakes occur is missing, but, however, there are implicit ideas about infallibility and perfection. The comparison indicates that the view of mistakes is also, possibly directed by a bureaucratic model (instead of an ideology on mistakes), which aims to legitimacy, but that this may happen on the expense of not taking surrounding circumstances into consideration. In that way there may be a certain contrast in the health and medical service’s present system between rule of law and medical service safety.</p>

In the essay, the view of mistakes and disciplinary sanctions within the military aviation and health and medical service, are compared. The comparison shows that military aviation and health and medical service could have several points in common on how mistakes may occur, but that the present view of mistakes is different betwen the sectors. The view of mistakes and disciplinary sanctions is explicit within military aviation, and is based on a clear ideology on how mistakes occur, which is characterised of a systematic approach. Within health and medical service, an explicit and unequivocal ideology on how mistakes occur is missing, but, however, there are implicit ideas about infallibility and perfection. The comparison indicates that the view of mistakes is also, possibly directed by a bureaucratic model (instead of an ideology on mistakes), which aims to legitimacy, but that this may happen on the expense of not taking surrounding circumstances into consideration. In that way there may be a certain contrast in the health and medical service’s present system between rule of law and medical service safety.