Chapitre 3. La sanction du défaut d’information du patient au regard de l’arrêt du 9 février 2012

Abstract

Patient's right to information was explicitly recognised by law No. 2002-303 the 4th of March 2002, relating to patients' rights and to the quality of the health care system. This humanism duty is acknowledged to the article L.llll-2 of the Public Health Code. It guarantees the personal self-determination, as well as the dignity of the human person. It establishes a balance in the relation between the professional care and the patient, by allowing this one to have the adequate level of information to be completely associated with the decisions affecting his body integrity. Before the 3rd of June 2010 decision, the damage compensation was founded by the notion of loss of opportunity to avoid the realisation of the risk. Since then, it appears that the compensation of information deficiency constitutes an autonomous prejudice resulting from the non-compliance with the right to be informed and to consent to a physical injury. However, in the light of the 9'" of February 2012 judgment, it is necessary to consider if for the First Civil Chamber of the Final Court of Appeal, the failure to comply with the obligation of information causes a repairable damage for human dignity respect.