[Law, medicine and society (2/2). From conscientious duty to the risk of mistrust]

PROFESSIONAL INDEPENDENCE: The physician's conscientious duty is primarily implies that he/she provides the patient with personal and professionally non-dependent care, the consequences of which imply the physician's responsibility. INFORMATION FOR THE PATIENT: The physicians second duty is a major element of medical ethics: a physician must provide the patient with true, clear and appropriate information concerning the risks involved in the various investigations and treatments proposed. The physician must be able to prove that the patient has been well informed; such information can be provided by whatsoever means. The only dispensation from this is in emergency cases, or if the patient refuses to be informed. The fact that exposure to risk may be required medically, or only materializes exceptionally, does not justify limiting the information supplied. However, limited information may be necessary in the patient's interest, depending on the nature of the disease, its prognosis and the patient's character. NECESSITY AND DIFFICULTY IN INFORMING THE PATIENT: Before being an obligation, information is a necessity since it is required when, for example, obtaining the patient's informed consent. However, there is a great difference in the information supplied, and the correct interpretation of the message by the patient. There is also a risk of excess information, gendered by Internet and all the websites devoted to health, and the subsequent risk of mistrust. FEED-BACK: A new science, 'Cindynics', or the science of danger, based on past experience, proposes to use prior legal medical affairs in order to learn from the lessons they may provide, in the development of preventive measures. THE NOTION OF A HEALTH DUTY: Medicine attempts to restore good health when altered it can also ensure preventive measures. The obligation to apply such measures depends not only on the State but also on individuals, who, by avoiding situations at risk, ensure their health duty.