[The surgeon, the expert, the judge].

A study of 125 medico-legal opinions and evaluation of the literature allows for: an appreciation of the evolution in the concept in the jurisprudence pertaining to the responsibility of the surgeon in France in present practice conditions, a definition of the role of the legal expert, an explanation of the development of paths outside the procedural setting. In the present state of our knowledge the responsibility related to a prejudicial error has a frequency of 25-30% all jurisdictions and disciplines considered together. In 66% of cases the error is the absence of a timely treatment decision or a defective postoperative follow up. A mishap without proven error is present 50% of the cases which justifies a decision of coverage outside the civil responsibility of the surgeon. The modern conditions of surgical practice, the implications of the new technologies, the evolution of economic and socio-cultural ideas must lead the political decision makers and health-professionals to rapidly define a clear line of conduct. In the absence of comprehensive statistics from the courts, the qualitative and quantitative information contained in the national database "Remedhos France", now available, will be useful to inform the surgical community on the risk and its prevention, as well as to orient a homogenous doctrine and its applications in view of a common European approach.