Relation de soin, la confiance à l'épreuve du droit

Abstract : Dependency on others for one's survival or well-Being has always meant allying oneself with others. In this way, relationships founded on trust or legal obligation can make it easier to manage the inevitable problems and insecurity. The juridicisation of social relations which has emerged recently in health care is undermining the bond of trust in the health care relationship. It therefore seems necessary to explore this presupposition in which the trust relationship has come to be viewed in direct opposition to the contractual relationship. And if the law is there to restrain, it is likewise there to protect the weakest; confidence in somebody creates moral obligations, thus requiring commitment.Trust, a multi-Faceted phenomenon with many forms of expression and uses, is what makes a commitment to others possible. In the health care relationship, where technology and subjectivities come together, the complex dynamics of trust, between our expectations, contradictions and fears, are vividly exposed. At pivotal moments on the care pathway, we find the need for trust bisecting the patients' rights: commitment, information, shared decision-Making, the tug of war between obstinacy and refusal. This is where we see new features cropping up in the patient-Carer relationship.From this double investigation emerges the idea of acknowledgement of patients' rights and of the person struggling with the disease. A mutual acknowledgement between patient and carer combined with a reciprocal trust as an ethical basis for the health care relationship.
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Noëlle Carlin. Relation de soin, la confiance à l'épreuve du droit. Droit. Université Paris-Est, 2014. Français. ⟨NNT : 2014PEST0021⟩. ⟨tel-01061259⟩



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