Da. Lebuisson et Mc. Jolivet, PATIENT INFORMATION AND PREOPERATIVE INFO RMED CONSENT - COMMENTS ON A FRENCH EXPERIENCE, Journal francais d'ophtalmologie, 20(10), 1997, pp. 731-740
We gave consideration to the new legal obligation to a medical doctor
to prove that he has given to a patient adequate information. 312 case
s of cataract of glaucoma received written information about their dis
ease and the risks of surgery. An informed consent regarding the opera
tion and the post-operative care were signed by all patients. Informat
ion cover surgical risk, side effects, unpredictable events, care step
s and all last minute protocol modifications. These documents were giv
en when scheduling the surgery. No cancellation and no objection were
noticed. The French Code Civil article 1315 was not dedicated to medic
al exercise but it concerns physicians. The way to give a proof is not
clear. Nothing is asked in the by-laws and every medical doctor can c
hoose the method he prefers. A signature is not an obligation and an i
nformed consent is not an autorization. A discussion is opened to clea
r the best and safest recommendations to obtain a legal proof of infor
mation. Now, written texts seem to be the easiest procedure. Quality m
edical records and personal relation between patient and surgeon are o
f great importance to prevent patient unsatisfaction and disappointmen
t.