Comment qualifier les Commissions régionales de conciliation et d’indemnisation des accidents médicaux ou l’arrêt « Desmares » des CRCI ? Cas.civ 1re 6 mai 2010

The presented article of law dedicates a “minimalist” qualification of the French regional committees for conciliation and for compensation (CRCI), joining that already adopted by the French Council of State (Conseil d’État). If it is really known that doubt arises from texts, this position severely knocks down the set-up by the writers of the law of March 4th, 2002. It is awkward to see reducing, almost to nothing, the hopes of the legislator and the expectations of the citizens. Was the solution imperative?     

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     

Évaluer l’évolution psychologique des travailleurs d’Ésat : questions méthodologiques

ObjectiveTo point at and to discuss of some methodological problems in studies about psychological evolution of schizophrenic workers in ESAT (protected work).MethodFirst, the presentation of an empirical study (N: 25 schizophrenics) on this question, presentation of her results (no significant correlation between duration of work in ESAT and the assessed psychological dimensions (self esteem, depression, satisfaction with life, psychosocial skills); secondly, to point her methodological limits (epistemological, choice of instruments, comprehension of the specificity of the clinical situation). In conclusion some methodological propositions are indicated for a best apprehension of this complex situation (psychological evolution of these schizophrenic workers).     

Évaluation des dimensions psychopathiques sur le mode d’adaptation carcérale

IntroductionThe disorders associated with the coping styles of detainees in prisons, including the interaction between individual and the environment, can be approached in two ways. Either as the result of a normal reaction of prisoners with regard to specific components in a pathogenic environment, or resulting from psychopathological determinants inherent to inmates prior to incarceration.ObjectivesThis study aims to measure the impact of components related to personality traits deemed stable and observed among inmates in regards to their modes of adaptations to the prison environment. More specifically, observing the types of adaptation of prisoners, according to their scores on the Hare psychopathy checklist (PCL-R).MethodsThe study is based on a series of interviews conducted on a sample of 26 inmates in three different detention centers located in France.ResultsThe results show a strong relationship between some psychopathic dimensions and characteristics of conduct disorder or disciplinary offenses in prison. High scores in both factor 1 (interpersonal and emotional relationship) and factor 2 (social deviance) strongly correlates with disciplinary problems such as heteroaggressive violence towards staff or other inmates. While a high score of factor 2 only increases the risk of disciplinary problems, such as group violence or involvement in trafficking.ConclusionsThe presence or absence of certain personality traits that characterize psychopathy could determine how an inmate would adapt to the prison environment.     

Les effets de l’attrait,du sexe,des aptitudes de candidats à des postes de niveau hiérarchique et type sexuel différents sur les jugements de recrutabilité, d’utilité et de désirabilité

Gender or beauty stereotypes strongly influence evaluations and hiring decisions. Recent studies (Jawahar & Mattson, 2005) show an evolution of the lack of Fit model (Heilman, 1983) : the beauty of the women is not any more a handicap for certain managerial jobs. In order to test the model, we distinguished the hierarchical status and the sex type of the job and we measured the effects of attractiveness, gender and of the aptitude on the hirability, on the perceived desirability and utility and on the perceived competence. According to the variance analysis, the attractive applicants were ranked as more hirable, more useful, more socially desirable, and more competent. The applicants who were highly qualified were considered more hirable, more useful and more competent but the aptitude did not influence the desirability.     

Efficacité d’un feedback hebdomadaire sur la réduction du poids des ordures ménagères résiduelles

Introduction

Historically focused on waste sorting, waste management recently integrates its complementary components: reuse and reduction.

Antécédents et conséquences du comportement proactif au travail des cadres hospitaliers sur leur comportement d’innovation au travail : un modèle de médiation séquentielle-modérée

This article reports the results of the analysis of the antecedents and consequences of nurse managers’ proactive work behaviour. We tested a moderated sequential mediation model in which work engagement and proactivity mediate the relationship between work climate and innovation and analysed the moderating role of feedback in the relationship between proactivity and innovation. This study was conducted among 290 nurse managers and we found that work engagement and proactivity sequentially mediated the relationship between work climate and innovation. Moreover, feedback moderates the relationship between proactivity and innovation. We discuss the theoretical and managerial implications of these results.     

Élaboration d’une représentation des comportements contre-productifs dans les équipes dirigeantes d’organisations

Despite the important role top management teams play in the success of organizations, counterproductive behaviors taking place in those teams remain unrepresented in literature. This qualitative, inductive, and exploratory study aims to develop a representation of potentially harmful behavior to top management team functioning. Interview has been conducted with eight retreated top management team members. Following a thematic analysis, counterproductive behaviors were identified and organized in seven distinct patterns of behaviors. This study offers a representation of counterproductive behavior specific to top management teams, which was lacking in scientific and professional literature. Interventions from the top management teams’ leaders and consultants are discussed.     

L’expertise médicale fondée sur les faits

The concept of evidence-based medicine applies to medical activity in general in order to rationalize it. The medical expertise, constantly looking to improve its quality, can no longer ignore this concept. This is the best tool to meet the mission entrusted to experts of assessing the conformity of care to the scientific-acquired features, without neglecting the assessment of the involved practitioner's skills and the particular circumstances of the plaintiff. This article develops the new concept of “Medical expertise based on facts”.     

Effet du niveau d’études sur les performances en mémoire épisodique chez des adultes âgés : rôle médiateur de la métamémoire

Educational level is a factor of cognitive reserve and older adults with a higher level of formal education have a better memory performance than those having a lower educational level (Angel et al., 2010; Van Der Elst, Van Boxtel, Van Breukelen, & Jolles, 2005). Memory functioning can also be modulated by the beliefs and knowledge of a person about his/her own memory, that is, by his/her metamemory (Hultsch, Hertzog, & Dixon, 1987). The objective of this study was to examine the role of metamemory as a potential mediator of the effect of educational level on memory performance. Eighty-three older adults (60–80 years) participated in the experiment, they have been divided into two subgroups according to their educational level (high: 14.36 years and low level: 9.85 years). Episodic memory was evaluated with a cued recall task and metamemory by the Metamemory in Adulthood questionnaire (MIA). As shown by previous studies, results indicated that educational level had a significant effect on memory and metamemory, higher educational level was associated to better memory and metamemory capacities. At the MIA questionnaire, older adults with a high educational level affirmed using more internal and external strategies for learning, having higher motivation and perceiving less memory change with aging than older adults with a lower educational level. They also showed that the metamemory dimensions associated to the memory performance differed according to the educational level. For participants with a lower educational level, memory performance was correlated to the participants’ perception about their memory capacity and their knowledge about memory tasks, while for participants with a higher educational level, memory performance was correlated to the dimensions linked to memory control (strategies and motivation). Finally, the group effect was mediated by metamemory, specifically by the use of internal strategies. These results suggest that a prolonged educative experience would be associated to a better capacity to implement adapted strategies, which led individuals to maintain an optimal memory performance.     

Le contentieux de la régularité externe des décisions rendues par les juridictions ordinales des médecins

In the event of irregular composition of the ordinal jurisdiction or omission of certain compulsory particulars in the decision rendered, the parties may challenge the external regularity of the decision. The pleas based on the contested decisions are formal and procedural defects. If successful, these means result in the annulment of the decision ordering the doctor to be disciplined. These means constitute a separated legal cause and can only be invoked within the time limit for appeal, unless they are of public order.