Medecine & Droit最新文献

Forensic expertise, specifically DNA identification, is increasingly being sought in criminal trials. It is well established that genetic expertise is an essential tool available to the justice system to provide a criminal response. This is so only if it is exploited by the legal framework governing its administration as criminal evidence. The latter provides that, although the analysis and interpretation of the scientific result are reserved for the expert part, it is nevertheless to the court to assess that part. While in theory, the boundaries drawn by the legislator appear clear, the practice reflects a confusion of role, thus calling into question the very essence of expertise.

The European Court of Human Rights (ECHR) condemned France on February 3, 2022, opting for the eradication of any form of retroactivity of the law of March 4, 2002. Compensation for the child due to a lack of diagnosis during pregnancy remains possible for births prior to March 7, 2002, even if the action, with a view to compensation for the damage to the child, has been initiated. after the date of March 7, 2002. For children born after March 7, 2002, the application of article L 114-5 of the code of social action and families is essential, which is unfavorable to children born with an undetected handicap. Even in the event of a blatant fault at the origin of a lack of diagnosis by the health professional, no compensation for a child born with a disability can be obtained any longer.

Medicine has always required a communication between the doctor and his patient whereas the ethics prohibited any communication with the public when the latter could be related to advertising. A decision of the European Court of Justice dating from 2017 imposed a revision of the code of ethics which specifies the distinction between communication and advertising whatever the means of dissemination used. In addition, a recent law specifically regulates the activity of health influencers on social networks.

The hyper-medicalization of our societies and our absolute confidence in curative medicine have made us gradually lose the deep meaning of the words of ailments. Many are now calling on the public authorities to promote a “policy of Care”. The use of anglicisms is certainly “trendy” but opposing “cure” and “care” does not make sense. We invite our readers to try to recover the meaning and the value of the verb to treat and the word care(s), plural and yet so singular. To carry out this quest, we will focus our attention on a few works of art which will perhaps allow us, in three stages, to (re)discover the deep meaning of the care relationship.

Coronary angioplasty is a constantly evolving discipline whose high technical standards suggest that it is at high risk of accidents and legal claims. In this work, we discussed two judicial cases in which the responsibility of the interventional cardiologist was involved. Coronary angioplasty was the discussed therapeutic act in both cases, resulting in the death of the patients due to inter-procedural complications. Through our analysis, we have observed that in matters of medical liability, court experts will first verify that the doctor has fulfilled his means of obligation. When an interventional cardiology procedure is prescribed, they will rule on the validity of the indication, the conditions under which it was performed, and finally the management of the complication. The majority of coronary angioplasty accidents are therefore considered by the experts as medical hazards. On the other hand, the management of complications is much more often the subject of criticism.

During an expertise, if the expert “discovers” or is entrusted with information concerning an offence, should he report it to the authorities? Could the expert be sanctioned in the absence of denunciation of a tort or criminal act? The answer will be nuanced on a case-by-case basis. The expert confronted with the revelation of a crime or misdemeanor must decide in good conscience what he reveals in his report, or even report it to the prosecution.

Regarding social law, work-related suicide can be qualified as a professional risk, in particular as a work accident. It's the option chosen by case-law. The idea is to compensate: qualifying suicide as a work accident provides a social security compensation to the suicided employee's family and, in certain cases, the possibility to sue the employer. But, this case-law does not really question the prevention of the suicide before its commitment. In Labour law, the employer's obligation to prevent risks must face the risk of work-related suicide.

The DNA is now seen as irrefutable proof, both by actors on the ground and by civil society in general, especially in criminal matters. Nevertheless, although it's valuable in some cases, the DNA evidence cannot be described as infallible. It has many limitations, in particular as regards fundamental freedoms.