[현재위치]: 홈> 프랑스 프랑스 France
[ Les fondements de la responsabilité médicale ] [ 웹사이트 ] [ 법률 ] [ 관련문헌 ] [ 프랑스어 ] [ 기타 ]
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Accidents by ABO incompatibility and other main complications
related to blood transfusion in surgical patients: data from the French
national survey on anaesthesia-related deaths
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PRINCIPES DE RESPONSABILITÉ MÉDICALE ET EXERCICE EN IMAGERIE
MÉDICALE Principles of medical liability in France and medical imaging
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La responsabilité du radiologue est engagée à chaque instant
de son exercice professionnel, de l'indication d'un examen au compte-rendu
et au suivi de l'examen, et dans son rôle d'information et de conseil. Il
est responsable de ses décisions, faits et gestes. Il est responsable de ses
compétences et de sa formation continue. Il est responsable de son matériel
et de son personnel.
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Radiologists are liable for all aspects of their
practice, from the indication of an examination to the radiology report
and follow-up, as well as for providing information and recommendations.
They are liable for their decisions and actions. They are liable for
their competence and continuous medical education. They are also liable
for their own equipment and staff.
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En cas de litige, sa responsabilité peut être mise en cause.
Il y a alors quatre types de procédure à connaître : la procédure pénale, la
procédure civile, la procédure administrative et la procédure disciplinaire.
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In cases of litigation, the liability of a radiologist
may be questioned. Four types of procedures must been known: penal,
civil, administrative and disciplinary.
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Medicolegal responsibility
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It was from 1835 onwards that jurisprudence considered
that the doctor was responsible for his acts and that he must answer to
what he does. Yet it took the Mercier act of 20/5/1936 that specified
that between the doctor and his client exists a true contract
comprising, for the doctor, an undertaking if not obviously to cure the
patient, then at least to not give non-specific care but conscientious
and attentive care and, except in exceptional circumstances, to conform
to the body of evidence of science. This contract is based on a
relationship of confidence, and even an involuntary violation of this
contractual obligation is sanctioned. A victim of a medical accident has
recourse to several types of legal processes, be it a request for civil
or administrative indemnity reparations (depending on the whether the
damages were incurred in the private sector or in a hospital), or a
criminal pursuit if the first objective is to punish the doctor. Two
important laws have brought innovations with regards to medical
accidents. The law of the 10th of July 2000 has allowed a de-penalisation,
whereas the law of 4/3/2002 has allowed more equitable compensation of
the therapeutic risk, thus preserving free choice for the victim to seek
medical help in the private or the public sector.
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Rev Prat. 2005 May 15;55(9):933-8.
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[Article in French]
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Cardona J, Cordier AL, Malicier D.
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참고
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