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[The law of March 4, 2002: how to implement it with regards to informed consent in radiology]
C Manaouil1, G Saliou, J-N Valléé
1Consultation de Médecine Légale, CHU Nord, Amiens. manaouil.cecile@chu-amiens.fr
Abstract:
The duty of providing information to patients makes it possible to obtain an informed consent. Information must be complete and relate to the health of the patient and not only to the risks of a medical procedure. From jurisprudence initially, and then from the law of March 4, 2002, it is a right for patients. It is the physician's burden to prove that he or she informed his patient well. This provision raises difficulties in radiology because of the particular nature of this practice. The radiologist intervenes after a fellow-physician has prescribed the examination. This relation involves three individuals: the requesting physician, the radiologist and the patient. Both physicians have a duty to provide information. As such, should consultations with radiologists prior to specific invasive procedures be obtained? This article aims at clarifying the concept of informed consent in radiology, based on the law of March 4, 2002, examples of jurisprudence, and the recent regulation specific to radiology in the decrees of March 2003.
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