Le consentement en droit médical

Medical law, which derogates from ordinary law, interests and questions by its particularities. However, the Mercier decision of 1936 seems to have denied this by forcing an ordinary “medical contract” between the doctor and his patient. But the medical relationship, far beyond a contractual logic, seems to be unable to blend into the civil law elements of contract law. As such, consent, keystone of this medical matter, does not meet the standards of contract law yet imposed by the Court of Cassation. This article aims to unravel and clarify the scope and regime of this consent not quite like the others.     

Le climat d’entropie et le stress dans les organismes de sant

In recent years, many research and reporting of findings highlight the deteriorating work conditions in our hospitals, describing a climate of disorder in the arrangement of this system components (Masclet 2010). The study presented here examines the relationship between the entropy climate and stress of health personnel. The study was conducted in two hospitals in the Picardie region using a self-administered questionnaire answered by 161 workers in six trades. A transactional perspective has been used to clarify the role of organizational stressors through the mediation of psychological stress. The results confirm the mediating effect of psychological stress among the organizational social climate and perceived stress.     

Les modèles de changements de comportements dans le domaine de la santé

Chronic diseases require both a medical treatment that a patient adherence to health recommendations. These include changes in lifestyle to adopt healthy behaviors. However, these changes are hardly adopted by patients. This article provides a review of theoretical models to explain resistance to change or factors motivating new behaviors. After presenting the steps by which a person gets through when changing an aspect of her lifestyle, we will discuss the factors involved in motivational and volitional phases of change. Thus, in the motivational phase, we will refer to classic sociocognitive models, illness representations model and the self-determination model. In the volitional phase, we discuss concepts related to action monitoring and action planning, self-control, and the anticipation of barriers to help maintain the action in time.     

Secret médical en santé au travail

The occupational physicians are obliged, like any doctor, to respect the ethical obligations imposed on their profession, including in the exercise of the missions specific to occupational medicine and contained in the Labor Code. The occupational physician is not isolated and works in a multidisciplinary team of a health service at work. He must communicate with other health professionals, but also with employers, representative bodies of staff. Medical confidentiality holds a special place in the triangular relationship between the occupational physician, the employee and the employer. The medical practice in the field of occupational health requires that many provisions of the Labor Code be followed, including the respect of the secret of manufacture and the position of advising employers and employees. The occupational physician must communicate with the employer in order to best achieve his mission, but in practice, it may be difficult for the occupational doctor to make his recommendations heard to improve the working conditions of employees without power, when he cannot argue his opinions on medical information.     

Du secret médical aux dossiers de santé électroniques. Réflexions juridiques sur la protection des données de santé

Health data give rise to a plurality of qualifications. The exercise players are forced this not unusual for the legal system. In the case of health data, especially when these data are processed through folders to which several categories of actors need access, it may still be problematic. Electronic medical records, in which the authorities have in recent years invested a lot of hope and money, fail to cross the course of a generalization though it was presented as being beneficial for our public health system and financing of health spending. Without exaggerating the extent of social problems related to the interpretation and application of standards, it is reasonable to think that they are partly responsible for this fact. After presenting the two great bodies of norms which where initially protecting personal health data, this paper develops the analysis of their confrontation before highlighting the status of one of the most complex issues in this field, that is the people's consent to the various treatments that their data may be subject of.     

La résilience dans les situations de licenciement économique : une étude de cas mobilisant les dialogues de conseil en life design

Professional breakdowns are numerous in today's world of work and can lead to psychological distress, precariousness and loss of self-esteem. Resilience gathers a set of psychological attitudes and processes that allow individuals to struggle in order to find life meaning and recover self-confidence after a traumatic event. This article proposes in a first part, a review of the literature on the concept of resilience in connection with career breakdowns and more particularly with layoffs. The second part is a case study that aims to highlight the role and interest of Life Design Counseling Dialogues (LDCDs) (Guichard, 2004) as a career counseling method supporting the implementation of psychological processes that contribute to resilience after a layoff. As part of a career counseling intervention, LDCDs were implemented in a case study. They were transcribed and analyzed using the methodology of innovative moments (Gonçalves et al., 2009). The analysis reveals an increase in the number of innovative moments showing a change in the person's life and it confirms the emergence of resilience processes during DCLDs. These results are discussed in relation to models of resilience and with the role of counselors and psychologists who accompany individuals who have met a layoff.     

Les métamorphoses du système de santé

The normative framework intervened in recent years to renovate and establish a coherent framework to the hospital system questions the bipartite division between private medicine and public medicine. The state supervision, consolidated by the Law of 26 January 2016 on the modernization of the health system, blurs the boundaries and involves renewing the qualification of our health system.     

Le droit à la protection de la santé dans l’alinéa 11 du Préambule de 1946 : les impacts en termes de solidarité

The right to health protection is recognized as a constitutional objective. This includes guaranteeing an equal access to health care without any discrimination. The implementation of this right is a difficult task due to geographical and socioeconomic inequalities. In many situations, the public health sector is experiencing financial crises. The problems concerning health access seem to be mounting and could jeopardise the principle of solidarity which is the foundation of the health system.     

L'insertion du dossier psychologique dans le dossier médical,quelques réflexions sur un couple imparfait

The 2002 March the 4th law had reinforced the legal obligation of informing the patient about the elements of his medical file. Consequently, the topic of the medical file content came back keenly in debate and questioned the inclusion or the exclusion of the psychological notes and reports. The analysis reveals that, to date, there is no specific solution to this issue. So, even if it seems that, as a rule, the psychological report remains on the verge of the medical file, it might exceptionally become an integral part of it. From this point of view, this topic elicits the yet unresolved question of the psychologist status opposite the medical chief of staff.     

La construction de la personne dans les Confessions de Saint-Augustin. Perspectives historique et épistémologique

The psychologists code of ethics specifies that the object of the psychology is the person, without the notion of person seems clearly defined. This study analyses certain aspects envisaged as historic construction, according to the perspectives opened by the psychology of Meyerson which dialectize the connection between the person and its works. In this context, Confessions of Augustin is examined in conformance with the “concern of itself, investigating and working the « folds » of the soul, which contribute to the emergence of the modern person by occurring as work”.