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[Medical responsibility: what records should be kept of medical procedures?]
Catherine Paley-Vincent1, Nathalie Boudet-Gizardin1
1Avocats au barreau de Paris ; cabinet Ginestié Magellan Paley-Vincent, Paris, France.
Abstract:
Medical responsibility: what records should be kept of medical procedures? Quality information is nowadays required to enable patients to understand and accept the treatments proposed to them and to be involved in the choices of the team to which they have entrusted themselves. This is "informed consent". It is up to the doctor to give all the necessary information to the patient during an individual discussion, which he must take care to keep records of. Thus, he will be able to retrace the medical procedures and establish the reality of the information given to his patient. Thus, the doctor must always keep a written record proving and detailing this information, which will allow him to retrace the medical procedures taken and thus establish the veracity of the information given to his patient. However, we must recognize how difficult it is to convey traumatic message, to explain the incomprehensible, to "decode" scientific language, to announce the irreversible. It is therefore imperative, insofar as the duty to provide information will be discussed in each case of liability, to be concerned with proving the content of the information given, in accordance with a demanding but protective deontology for both doctor and patient. This article returns to the essential questions regarding information: why inform? Who proves what? How to inform and prove it? ».
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