[Damage through surgical risk. A persistent challenge].

No surgical act is innocuous and a complication is not inevitably the result of a mistake. Improved definition of the risk involved should allow a new approach to compensation for damages to be envisaged. Publicly or privately sponsored mutual insurance is worth considering for application of the single European act. Without questioning the concept of professional responsibility, a response should be prepared adapted for damages due to medicosurgical accidents for which a fault cannot be demonstrated. By stimulating enlightened reflection, the present study should allow acceptance of this persistent challenge.