Medecine & Droit最新文献

The coronavirus pandemic has brought back the question in Western countries of the solidity of their health systems. This article discusses Friedman's 1962 piece of work, “Capitalism and Freedom”, and more specifically his presentation based on American occupational licensure. This research insists beyond the complexity of “de-licensing laws” passed for some U.S. health care facilities, on the consequences of a parasitic competition on health care ethics.

If the criminal liability remains personal, recent case law has tended to broaden the hypotheses for the doctor's criminal liability in the case of unintentional offenses. The question particularly concerns the psychiatrist, because of acts committed by his patient, on the basis of articles 221-6 or 222-19 of the French penal code. However, judicial assessment of the fault and its causal link with the damage does not impose on the psychiatrist an obligation of result, insofar as only serious professional misconduct, manifestly not in accordance with the rules of medical art, are sanctioned.

Circumcision is the most frequently performed surgical procedure worldwide, mainly as part of religious rituals. It may lead to serious complications. Although there is no specific law relative to circumcision accidents in Tunisia, the occurrence of complications of this act is likely to engage the penal, civil and disciplinary liability of the doctor. Prevention involves respecting the principles of the Medical Deontology Code, raising awareness about the need to practice circumcision in a medical environment and the promulgation of specific legislation regulating this act. The new Tunisian law on medical liability seems to offer a solution to solve the legal complaints concerning circumcision accidents by providing more opportunities for amicable settlement and at the same time guaranteeing adequate and rapid compensation of the prejudice. In this article, we discuss the medical liability of circumcision accidents through three medicolegal cases carried out at the Department of Legal Medicine of Ibn El Jazzar University Hospital, Kairouan, Tunisia.

Soap is a cosmetic product in common use during this pandemic period. It enables barrier gestures to be carried out. Capable of preventing pathology (COVID-19), it should, therefore, be marketed under a drug status. If we consider the history of soap, we realize the complexity of its status. Depending on the period, it has been considered as a hygiene product and/or as an excipient or an active ingredient allowing the production of a drug or cosmetic making it possible to treat both scabies and burns, to carry out purges or to put at the point of preparations to soften or whiten hands or to lengthen eyelashes. The use of the term “soap”, being extremely overused, the establishment of regulations to clarify this situation is essential.

Due to the progress of science and the stakes of inquiry and sentence, the DNA analysis is subject of a substantial development within the area of criminal procedure. However, the DNA is by no means a perfect evidence and it faces scientific, ethic and legal limits which result in reconsidering the balance between the stakes of punishment and the protection of Fundamental Freedoms.

Medical doctors are often asked by patients victim of harassment, or even by the authorities, to establish medical certificate. Harassment is a complex phenomenon, covering a wide range of behaviours occurring in multiple situations. The writing of such a certificate can prove to be difficult, can be a cause of legal proceedings for clinicians, especially at a disciplinary level. Moreover, the evaluation is all the more complex since the qualification of harassment by the judge sometimes requires an evaluation of the impact on the victims under the form of a Total Work Incapacity (TWI) duration, but not under all the circumstances existing in French law. In this article, we first propose to address general consideration towards the writing of the certificate, before doing a systematic review of the successive evolutions of French penal and labour law regarding harassment in its most frequent forms. Finally, we propose to address the matter of victims evaluation, especially towards TWI duration evaluation, which does not seem to us an adapted tool regarding the fact that harassment is usually a chronical and durable phenomenon.

The coronavirus pandemic is an unprecedented health crisis (in the XXIth Century). France has declared a “state of health emergency”. In order to tackle the spread of the virus and to prevent the risk of overwhelming the health care system, the French government has implemented extraordinary measures all over the country. In accordance with the public health code, the Minister of Health has implemented the provisions that are deemed necessary to avoid jeopardizing the therapeutic follow-up of patients. The mandatory medical prescriptions dispensing system is being transformed for a limited period. Therefore, the pharmacist's liability is disrupted.