La protection des données personnelles des patients face à la modernisation de notre système de santé

With the Internet and the artificial intelligence, the collection of personal data is becoming a strategic element for the digital economy. The collection of information touching the health or the body must respect the patients’ rights. The GDPR came into effect on May 25th, 2018. The healthcare professionals who are established in a Member state, must be careful because they can base their exercise on clinical or biological elements of their patients.     

Recherche en santé et protection des données personnelles à l’heure du Règlement général relatif à la protection des données

France has a very rich legal framework, which defines the conditions of access and use of health data for scientific research purposes and ensures their protection. Currently, this legal framework is undergoing revision. The European regulation of April 27th 2016 on protection of natural persons in relation to the processing of personal data came into effect in EU member states since 25th May 2018 and substitute a rationale of administrative process for a rationale that empowers the researchers to document and prove compliance with the regulation (“accountability”). This regulation must be coordinated with the other regulation applicable to research in UE and with national law.     

Développer des interventions de prévention et de promotion de la santé fondées sur les données probantes : la Démarche EValuation Action (DEVA)

While scientific knowledge informing how to prevent main public health problems builds up since decades, the gap between professional practice and scientific evidence remains important. Regarding disease prevention and health promotion, professionals – including psychologists – aim at enriching their practice by relying on scientific knowledge. However, barriers to knowledge transfer remain. Here we present the Evaluation-Action Approach (DEVA), which has been created to overcome such barriers and provide an operational tool to practitioners willing to use the best available data. This article describes this new project methodology, which is anchored in the evidence-based paradigm, and has been developed based on methodological tools in French, along with assessment practices from different academic disciplines. It has been pre-tested and improved in an academic context and then tested with practitioners (locally and nationally). The DEVA comprises three stages and twelve steps, four of which are evaluations. These evaluative steps aim at checking whether, at each stage, the best available data are used and that the (working and health) objectives are reached. The DEVA can contribute to the need of methodological innovation and the development of professional and practical skills. This project methodology provides an operating procedure to facilitate knowledge transfer and the development of evidence-based prevention and health promotion interventions.     

Valorisation de la recherche en santé humaine et protection des données à l’ère du numérique

Medical research collects a huge number of medical data sheltered in Data Centers. An European regulation rule (GDRP) or General Data Protection Regulation aims to give an ethic frame to protect personal data and delegate responsability to citizens.     

Risques de la régulation médicale en médecine d’urgence. Analyse des dossiers de plaintes de la permanence des soins ambulatoire au SAMU du Var

Introduction

The non-urgent care requests depending on the continuity of care system have to be regulated by a regulating doctor of a medical emergency service call center. We aim to determine the risk factor of litigations about the regulation of the continuity of care system. So, the cases with friendly complaint and those with litigation have been compared.

Les effets de la mindfulness et des interventions psychologiques basées sur la pleine conscience

A growing interest in the human sciences has emerged in the last twenty years with respect to mindfulness. Until recently, there were confusions of the concept of mindfulness with the meditation practices. According to Brown and Ryan (2003), mindfulness is an innate tendency of all individuals, present at different degrees, that demonstrated both conceptual and empirical utility in the last years, in studies on psychological well-being, physical health, work and sport performance, and the field of the interpersonal relationships. The object of this article is to present this psychological concept as well as the results of the studies relating to the effects of this attribute on well-being and on emotional and behavioural regulation. In the second part of the article, we present a review of the literature of the principal therapeutic interventions based on mindfulness. Several meta-analyses show moderate to important effect sizes of this type of approach on the symptoms of depression and anxiety (Hofmann et al., 2010). Lastly, we propose orientations for future research on mindfulness and on related interventions.     

Féminisation des professions : effet de la représentativité des femmes sur la réussite aux évaluations professionnelles

This study, conducted with militaries, examines the effects of having a job in a counter-stereotypical environment on women's success in professional evaluations, depending on the feminization rate of their professions. The scores of 1050 women and 1011 men in an examination have been analyzed. Both intergroup variability, women have lower scores than men whatever the nature of the questions, and intragroup variability, women have different level of performance in technical knowledge depending on the feminization rate of their profession, have been noticed. This research questions the role of assessment measures in regards to professional inequalities and the way feminization must be considered in traditionally male organizations.     

Effet du télétravail sur la santé psychologique et la performance des travailleurs durant la pandémie de la Covid-19

The aim of this study was to examine how the widespread use of telework during the COVID-19 pandemic may have created a specific work context influencing employees’ psychological health and performance. Results of analyses conducted on a sample of 3771 Canadian teleworkers revealed that telework created additional demands such as task interdependence and professional isolation. These demands had negative effects on telework performance by increasing the frequency of perceived stress. However, the presence of resources such as organizational support appeared to play a buffering role in moderating the direct effect of professional isolation on telecommuting performance.     

Réflexions d’un médecin expert et d’un juriste autour d’un exercice pratique de droit médical

We offer a reflection around a clinical case of nosocomial infection allowing us to address the difficulties faced by experts and lawyers and other jurists in matters of medical liability. This case is the result of an exercise proposed within the framework of the national DIU (interuniversity diploma) in medical accidents for which the two authors are responsible in Amiens and Bordeaux. The writing was enriched with the responses of the students. This clinical case makes it possible to approach the compensation for nosocomial infections, to compare the amicable procedure before the conciliation and compensation commission for medical accidents and the procedure before a judicial or administrative jurisdiction. Finally, the reflection focuses on patient information, especially protected adult, and access to the medical file. It is not a question here of detailing the medical care but of discussing medical responsibility and the rights of the patients.     

Le développement contemporain des régimes juridiques des conflits d’intérêts : l’exemple du secteur de la santé

The conceptualization of conflicts of interests and deployment of their regulatory systems are primarily modes of economic and managerial health control. When did the legal regime of conflicts of interests, which formalizes the process, clash with the conditions of professional practice? Not all assumptions of friction or opposition of interests necessarily constitute a conflict of interests. All public sector professionals have interests but not all their interests generate conflicts. The aim of public declaration of interests is to reveal the relations of interest in order to allay suspicion. Most frequently in the form of soft law system, the declaration of interests is a way of warning about the existence of a “grey zone” or time of deontological risk. It was changed by the law of 29 December 2011     

Réflexions critiques sur les notions d’abolition et d’altération de la faculté à discerner

Inasmuch as the constitution of the mens rea of any offence remains suspended to its integrity, the capacity for discernment represents a condition of accountability whose definition responds to issues that are as much technical – with respect to psychiatric and psychological penal expertise – as they are theoretical – with respect to our conception of criminal responsibility and the psychological prerequisites that underlie it. Now, the fact is that since its introduction in 1992 with article 122–1 of the Penal Code, this notion of discernment is characterized by a certain conceptual inconsistency, giving rise to a damaging plurality of meanings making the verb discern the condensed version of a heterogeneous network of distinct psychological functions. The polysemic term of discernment thus gives rise to a fundamental indetermination as to the nature of the faculty that must be examined in order to decide on its abolition or its preservation at the moment of the act. This is not without favouring the appearance and persistence of arbitrary interpretations, and consequently discordant expert conclusions. Even more problematic, however, is the idea of an alteration of discernment, given the irreducible discrepancy between the continuous nature of an alteration and the discontinuous nature of the conclusion to which the agent is subject, in that the legal demand requires a decision – in a discretization of what is continuous – between the presence and absence of something that is lacking. We will in fact show in what way this concept of alteration as it applies to discernment tends to be either meaningless, or redundant – and therefore useless – in relation to that of abolition. So much so that the only conceivable solution to maintain a certain gradation of degrees of non-accountability seems to consist in having to specify the different types of abolition of discernment potentially observed, and then to propose a hierarchization according to their greater or lesser compatibility with the conservation of a criminal responsibility. .