Patient education by the surgeon. Judicial aspects, ethical aspects, deontologic aspects

Abstract:  AIM OF THE STUDY: The surgeon must inform his patient about eventual risks before any investigation with diagnosis purpose and before any therapeutic intervention. According to the decree of the first Civil chamber of the "Court of Cassation", the surgeon must be able to prove that this information has been given as required by the article 1315 of the civil code. This decree has created in France an important change in the relationship between surgeon and patient. The French Academy of Surgery has organized a special session to study this problem in terms of legal, ethical and deontological aspects. CONCLUSIONS OF THE ACADEMY: The Academy confirms the necessity to give information to the patients and suggests that the modalities of the information be prepared by the medical societies, the "Conseil National de l'Ordre des Médecins", eventually by ethical committees and legal organizations concerned with medical questions, in view of a common use in all French juridictions. According to the Academy, it is necessary to determine the limits of the information to be given to the patient concerning the most common risks and those with the most serious consequences, in order not to disturb him psychologically. The Academy wishes that necessary and sufficient means be indicated in order for the surgeon to be able to prove that the information has really been given.