Medicine has evolved.
Scientific advances have made medical art more technical, more efficient, faster, more invasive, even more aggressive, and therefore… more dangerous for the patient.
From a human point of view, the patient, now associated with all decisions relating to his health, no longer abandons his body to the doctor with blind confidence.
All the more so as case law and the legislator, by making the patient the main actor in the healthcare system, have given him the means to be heard. A power that he no longer hesitates to use by raising the responsibility of his doctor before the courts whenever the latter commits a fault.
Medical liability obeys the principle of civil liability, it is based on:
- The harm suffered by the patient
- The fault committed by the doctor, his medical team, the care establishment ...
- The causal link between the fault and the damage: It is because the doctor has committed a fault that the patient has suffered damage. Without this fault, no damage, therefore no liability to raise.
- Upon admission to practice medicine, I promise and swear to be true to the laws of honor and probity.
My first concern will be to restore, preserve or promote health in all its elements, physical and mental, individual and social.
I will respect all people, their autonomy and their will, without any discrimination according to their state or their convictions.
I will intervene to protect them if they are weakened, vulnerable or threatened in their integrity or their dignity.
Even under duress, I will not use my knowledge against the laws of humanity.
I will inform patients of the decisions being considered, their reasons and their consequences.
I will never deceive their confidence and will not exploit the power inherited from the circumstances to force consciences.
I will take care of the needy and whoever asks for it.
I will not let myself be swayed by the thirst for gain or the pursuit of glory.
Admitted in the intimacy of the people, I will keep silent the secrets which will be entrusted to me. Received inside the houses, I will respect the secrets of the hearths and my conduct will not serve to corrupt morals.
I will do everything to soothe the pain. I do not unreasonably prolong the agony. I never deliberately provoke death.
I will preserve the independence required for the fulfillment of my assignment. I will not undertake anything that goes beyond my skills. I will maintain them and improve them to best provide the services that will be requested of me.
I will bring my help to my colleagues as well as to their families in the face of adversity.
May men and my colleagues grant me their esteem if I am faithful to my promises; that I am dishonored and despised if I fail.