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Essai sur un paradigme d'alliance constructive entre droit et médecine : L'accès du médecin à la connaissance juridique

Abstract : The emergence of discourses on the judicialization and legalization of medical matters is evidence of the growing importance of law, understood as a constraint by the doctor. First, though a legal framework is indeed necessary for medical activity, the proliferation of legal rules is deemed akin to downright interference. Then, though applying the principle of responsibility to medicine is indisputable, practitioners see the trial as a sword of Damocles hanging over their heads. We have established that resorting to alternative dispute resolution and the use of pedagogical methods are all possible ways of healing. And yet, these remain insufficient, because they do not make it possible to depart definitely from a constraining vision of law. In fact, doctors’ ignorance in this matter does not enable them to approach law from an angle other than coercive. Law is only a small portion of medical initial and continuing training, even though it has become essential in medical practice. To solve this contradiction, we are committed to seek a paradigm based on the constructive alliance between law and medicine. We have defined a form of access to legal knowledge by the medical community. The physician must receive training that is appropriate to his/her legal practice. Creating a Pole clustering medicine and law should facilitate doctors’ access to law, via making teaching means available to them. Henceforth, law will be regarded as one more resource supporting the physician's action.
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Nora Boughriet. Essai sur un paradigme d'alliance constructive entre droit et médecine : L'accès du médecin à la connaissance juridique. Droit. Université du Droit et de la Santé - Lille II, 2013. Français. ⟨NNT : 2013LIL20002⟩. ⟨tel-00844513⟩

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