Les vicissitudes du préjudice d’agrément

The fate of the loss of amenity has always been related to the right of recourse of the third-party payers against the person in charge of the damage. The loss of amenity has been recognized by Law of the 27 December 1973. It was at that time that it was excluded from the recourse of the third-party payers. It was not the case of the physiological injuries which had always been submitted to the recourse of the third-party payers. At first, these injuries had included the disorders in the conditions of existence. But in 2005, the Dintilhac nomenclature adopted a restrictive conception of the loss of amenity. This damage is now defined as the impossibility to practice regularly a specific activity of sport or leisure. In addition, the Law of 21 December 2006 imposed on third-party payers to exercise their action only on pecuniary damage. The physiological injuries were therefore excluded from this action. The strict definition of loss of amenity is both adopted in Civil Law and Social law. But in these two areas, the analysis of the judicial practice reveals that it is undermined the right for the full repair of the victims under their loss of amenity. Accordingly, the question of the opportunity to widen once more the definition of the loss of amenity arises today.     

Les autorisations d’équipements lourds d’imagerie médicale : un désordre organisé

Medical imaging is essential for all medical specialties and it is natural that the government wants to create a real healthcare provision policy in this area. Medical imaging and particularly the “heavy” equipment are subject to a regulatory and legal framework. This framework results in respect of administrative authorization mechanism. These authorizations are a major tool for development of medical imaging on French territory. This mechanism is an important instrument of economic regulation in controlling health costs. However, the access to this kind of equipment raises various issues in governance and administration but also in matter of economic regulation, distribution of healthcare supply in medical imaging in health territories and respect of public health issues. The authorization mechanism raises questionings, not only at national and regional level in terms of unequal access, but also at European and international level. Indeed, France is among the last countries in the ranking of CT (computed tomography) and MRI (magnetic resonance imaging) equipment rates in comparison with many OECD (Organization for Economic Cooperation and Development) countries. Now, these authorizations will integrate much more the concepts of accessibility and quality of patient care. The legal and regulatory framework of these authorizations will have to evolve and to adapt to new technologies and practices, which today should be a source of significant cost savings.     

Parcours : développement d’une stratégie de prévention de la récidive adaptée aux milieux ouverts

Experiments show that applying RNR principles “in the real world” within the context of probation can reduce recidivism, provided that evidence-based intervention models are used. In Quebec, probation officers agreed to take part in a pilot project whereby the Parcours program (Pathways) was transposed into a series of interview outlines to be used in a community setting. The experiment took place over a one-year period, the management of convicted offenders consisting in around 10 30 to 90-minute interviews. These interviews addressed: motivation for change, beliefs, values and cognitive distortions, as well as the adoption of relapse prevention strategies. Results were positive enough to authorize the deployment of Parcours en milieu ouvert (Pathways in community settings) in all sectors. This approach could be implemented in France, where at the instigation of the Council of Europe, new European probation rules recommend the establishment of interventions based on evidence-based models.     

Ergonomie cognitive d’un conseil génétique pour le test présymptomatique de maladie de Huntington

We would like to propose the analysis of a multidisciplinary genetic counselling activity. More precisely, we study an interaction that took place in the consultation between an asymptomatic patient who requests for a predictive genetic testing of Huntington’s disease and two doctors successively. We describe the failure of the multidisciplinary team’s attempt to influence the conviction, or the personal rationality, of the patient for the genetic risk perception. More generally, this study illustrates the communication practices which are engendered by modern medicine can be very delicate. Therefore, this information is carried by the act of informing. This action is made of processes which are relatively independent.     

L’instrumentalisation managériale des espaces de délibération formels: l’expérience des enseignantes du préscolaire/primaire

This study examines formal deliberation spaces’ structure and how they translate into collegial work structures. Based on a critical experientialist work theory and a materialist feminist perspective it considers formal deliberation spaces and teachers’ lived experiences. The methodology relies on a qualitative research design involving 25 primary school teachers and individual and group interviews. The results show many mandatory formal deliberation spaces within the work organization and highlight the limited possibilities for teachers to deliberate their day-to-day experiences within these spaces. The findings render visible the process by which the structure of formal deliberation spaces can be moulded and instrumentalized to benefit the administration and render invisible teachers’ lived experience, leading to institutional silencing.     

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.     

Les principes d’une prévention de la récidive efficace : le modèle Risque-Besoins-Réceptivité

Recidivism prevention remains a crucial issue in France. While meta-analyses clearly indicated the effectiveness of the Risk-Need-Responsivity (R-N-R) model for assessment and rehabilitation, this model is not used in French probation services. The aim of this article is to introduce the R-N-R model, through an emphasis on its three main principles. A necessary continuity from assessment to intervention is highlighted. The article concludes by stressing the need to empirically evaluate the effectiveness of intervention to prevent recidivism.     

Un cadre psychosocial d’intervention pour accompagner le développement et le déploiement d’une technologie nouvelle

This article presents a psychosocial intervention framework to support the development and deployment of a new technology. This methodology articulates the three phases necessary for the study of the representation of the use and its evolutions (i.e., the usual trajectory): acceptability, acceptance and appropriation. After an argumentative presentation of the methodological choices made, the article continues with the presentation of an example of accompaniment carried out within the framework of the IDViandes project aimed at the development of a traceability device for meat containers Of slaughter within the company SVA Jean-Rozé, subsidiary of the Intermarché group. This example argues in favor of the idea that the use of such a method makes it possible to optimize the successful accompaniment of the development of a technology and thus ensure its future diffusion.     

Explication des comportements antisociaux au travail : présentation d’un modèle intégratif

On the basis of a preexisting body of research pertaining to organizational workplace behavior, this paper focuses on the elaboration of an integrative and explanatory model of such behaviors. An antisocial workplace behavior can be defined as a behavior emitted by a member of an organization that violates socially accepted organizational norms and in doing so threatens the well being of the organization or its members. A thorough review of the literature reveals that an integrated model of workplace behaviors has never been empirically tested.     

L’animation des collectifs visant la prévention des RPS : étude d’un processus d’intervention en milieu hospitalier

This article presents an intervention process aiming at the prevention of PSRs: diagnosis followed by the development of an action plan produced during three collective meetings. Each meeting is based on a particular type of animation (with reminders focused on causes, with reminders on the solutions and enriched with the psychologist's expertise animations). The stake is to characterise each of these animation methods and to study their impact on the collective activity. The study proceeds in analysis of linguistic production produced. The intervention proceeded in a hospital setting. The development of the action plan implied a collective of 8 to 10 agents who met three times. The results show in particular that (1) style of speech is argumentative whatever either in the form of animation, (2) nature reminders and the issue of the meeting have an impact on the functional structure of the meetings and (3) reminders on the solutions lead the evocation of factual causes so that reminders focused on causes lead to identify more general causes.     

La mémoire d’une pièce d’Euro

An experiment was done to determine how completely and accurrately French people remember the visual details of coins newly introduced in Europe, french Euro coins. The variables manipulated are the age of the subjects (20–29; 30–39; 40–49; 50–59 years old), delay after the introduction of the new coins (1 month, 4 months, 1 year), the type of coin (2 cents, 50 cents, 1 Euro) and the characteristics of the coins (operative versus figurative). Three main results emerged from this experiment. Firstly, performance was poor. Secondly, results are consistent with the idea that the visual details of an object are typically available from memory to the extent that they are useful in everyday life. Thirdly, recall performance does not depend on age, type of coin and delay of introduction of the new coins.     

Éléments de réflexion pour la mise en œuvre d’une démarche de prévention des risques psychosociaux au travail en France

Preventing social risks at work is an international concern. It has been demonstrated that the work in its all dimensions such as, organizational, technical, technological and relational, involves a multiplicity of constraints. They participate to the degradation of work health and to the organizational performance through to the complex and various mechanisms. The aim of this paper is to explain how a methodological consensus linking the European legislation, national agreements, scientifically theories and tools, and actual work has been gradually introducing in France. Based on theoretical and methodological considerations and on a Return Of Experience (ROE) we demonstrate the necessity to adopt an integrated approach to prevent social risks that focusing more on the work determinants than on individuals’ issues.     

La pensée politique de Malinovski ou les ambiguités du prédécembrisme

Sans résuméConférence donnée à la Societé Belge de Philosophie, à Bruxelles, rue d'Egmont, le 13 mars 1971.     

L’attitude défaitiste des responsables d’équipe : un frein à l’innovation?

The goal of this study is to investigate the role of defeatist attitude in regard to process innovation by considering the mediating role of group potency and the moderating effect of collective autonomy. Data was gathered from 101 work teams (381 members and 101 immediate supervisors) in a public safety organization located in Canada. Results show that group potency may have a mediating role in the relationship between defeatist attitude and process innovation. Moreover, results indicate that the relationship between group potency and process innovation is moderated by collective autonomy, such that this relationship is stronger when the level of collective autonomy is high.     

L’évolution des facteurs prédictifs de la détresse psychologique des étudiants en contexte de Covid-19 : un modèle d’équation structurelle exploratoire

IntroductionStudents are at risk for mental health issues due to the COVID-19 pandemic. The implementation of lockdowns as a means to curb the spread of the disease have had an impact on this population, as observed in many international studies. However, few studies have investigated the longitudinal impact of COVID-19 lockdowns on students’ mental health.ObjectiveWe explored the relation between individual characteristics of students, context of life, difficulties in emotion regulation and psychological distress over the first two lockdowns in France during the COVID-19 pandemic.Methodology160 university students (90% female, mean of 24 years old) responded to an online questionnaire at three times points: once during the first lockdown during the COVID-19 pandemic in march 2020, a second time after this lockdown and a third time during the second lockdown. Difficulties in emotion regulation, psychological distress, acute stress, academic concerns, financial resources, and exchanges with professors were measured.ResultsAn exploratory structural equations model was developed to investigate the factors related to psychological distress (χ² = 1459.18, df = 1064, CFI = 0.910, RMSEA = 0.049, SRMR = 0.068). During both lockdowns, psychological distress was explained by academic concerns and lack of emotional clarity and acceptance. An indirect and negative significant relation was identified between financial difficulties, lack of exchanges with professors during the first lockdown, emotion clarity and experienced psychological distress during the second lockdown. Repeated measures ANOVAs identified high levels of acute stress during both lockdowns and a diminution during the deconfinement indicating an impact of sanitary measures on student's mental health.ConclusionCoherently with the Bruchon-Sweiser translational model of stress, emotion regulation capacities seem to have a central and moderating role in the experience of the pandemic for students. They would benefit greatly from appropriate therapeutic interventions in this pandemic situation and in general.     

Embolie gazeuse cérébrale lors d’une séance d’hémodialyse : aspects médico-légaux : à propos d’une affaire judiciaire

Air embolism is a serious iatrogenic event, concerning many invasive medical therapies. It is a rare but life-threatening adverse event. We report a case of a cerebral air embolism occurring during a renal replacement therapy. We report the case of a court case analyzed in the Department of Legal Medicine of Farhat Hached University Hospital in Sousse, Tunisia, related to a cerebral gas embolism occurring during a session of renal replacement therapy. Then we discuss the medical liability of the medical team involved in this act. Through a draft organic law (law No. 41/2019 on patients’ rights and medical liability), Tunisian jurisprudence aims at resolving legal claims in the field of medical liability by providing more opportunities for an amicable solution and by guaranteeing an adequate and quick compensation of the damage suffered.     

Les décisions d’orientation dépendent-elles des stéréotypes sociaux ? Sous quelles conditions ?

IntroductionIn this research we want to show that influence of social stereotypes linked to the social background on the students’ orientation is not a social fate that cannot be ignored but that there really are conditions that allow to reduce or even suppress those effects. The objective is to test the hypothesis according to which the seniority of the teachers, their type of professional commitment and the fact of working or not in an area earmarked for special educational assistance (prioritary education zone) must allow to significantly reduce the stereotypes effects on the academic judgment.MethodWithin the framework of an experimental research lead in school, we have asked high school teachers to express propositions of continuing studies as well as success predictions from ficticious student files reaching the end of high school. The results confirm that the bias generally observed in academic judgments are reduced in professors having a seniority above 5 years compared to the ones having a seniority lower than 5 years, those who have a strong work commitment, like the “self made persons” or “social activists” types, compared to those having a lower type of work commitment like the “self investors” or “careerists” types and those working in an area earmarked for special educational assistance (prioritary education zone) compared to those who work outside these areas.ConclusionThis research shows that factors likely to limit the effects of social background stereotypes on academic judgments do exist.     

Le travail coopératif d’équipes de projet d’ingénierie à l’épreuve de l’activité en réunion médiatisée et multi-localisée

Performing in worldwide competition compels companies to be innovative and this unyielding global pressure sparks engineering team projects on a far-reaching scale. The synergy of heterogeneous and dispersed skills supposes to overcome the geographical distance between teammates using sophisticated socio-technical devices. Based upon four grounds of empirical research, this article will examine the function of this media coverage technology with a comprehensive sight of phenomena underlying remote interactions between teammates. Face to the reality of their cooperative activity, experiencing multi-localized virtual meetings with synchronous co-presence, are considered the experience, the resources and the constraints introduced by these terms and working conditions.