Liberté du médecin et décision médicale

Abstract : The doctor's decision-making freedom is a necessary condition of medical practice, which allows the practitioner to direct his practice to the whole interest of the patient. This must not mask the native asymmetry of the medical relationship, unbalanced by the doctor’s exclusive possession of knowledge and expertise. However, the patient’s rights limit the medical power derived from knowledge. This is according to the terms of this relationship that the doctor's decision-making freedom comes out. The decision procedure ensures its acceptability and protects the patient against its arbitrariness, via the requirements for consultation and motivation. It is considered in a plural dimension leading to a systemic decision. The content of the decision is to be analysed in terms of purpose and relevance. Its purpose is medical necessity, which, at the option of socially devoted desires recognized by the law, sees its scope expanded beyond the protection of health, with a risk of instrumentalisation of medicine. Its relevance is based on the mobilization of standardization tools whose effects are ambivalent about the decision-making freedom, and which are a preferred means of control of the merits of the decision for the judge.
Keywords : Doctor Freedom Decision
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Renaud Bouvet. Liberté du médecin et décision médicale. Droit. Université Rennes 1, 2016. Français. ⟨NNT : 2016REN1G021⟩. ⟨tel-01477510⟩

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