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Master Thesis

Refus de soin en obstétrique : approche juridique

Abstract : Purpose of the study: This dissertation aims to gather together the various means available to the medical profession to manage a denial of care of the pregnant women. It is likely that his refusal, although stigmatize as inappropriate behavior. Materials and method: This study was conducted according to the methodology of a literature review. Twenty-two documents from thirty nine different authors were analyzed using a grid of reading and data analysis. Then they were classified in four different tables presenting the arguments for or against the refusal of care of the parturient on the one hand and those in favor or not of the preservation of the legal status quo concerning the fetus on the other hand. And allowed the construction of two diagrams to visualize the percentage of author in favor of the respect of the denial of care, as well as the place they grant to the fetus in society. Results: The respect or not of the refusal of care, was modified by the law of March 4, 2002. These directives demand full respect for the refusal of the pregnant woman. Some authors condemn it by emphasizing the existence of the fetus, according to them everything must be undertaken in order to be able to take care of the patient and her fetus. The fetus can not be defended by the legislator as a person in its own right. Some authors are in favor of the creation of a third social category, between people and things . Conclusion: The law of March 4, 2002, has upset the practice of caregivers, placing the patient at the center of the health system, who has become fully involved in his health, having access to all the information concerning him and having to give his consent to the performance of any act of care. The relationship of care, is a relationship of trust between caregiver and patient, whose cultures and representations may sometimes not overlap or even oppose. Faced with these conflict situations, the learn to protect himself in regard of the law. It must ensure traceability the most faithful, and accurate in the medical file, be certain that all the information has been understood by the patient and ensure continuity of care whatever the decision of the patient. How to ensure care in accordance with the recommendations, in the interest of patients, while listening to their whishes?
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Submitted on : Tuesday, November 26, 2019 - 3:28:32 PM
Last modification on : Wednesday, November 3, 2021 - 9:45:58 AM


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  • HAL Id : dumas-02381308, version 1


Éva Louis-Sidney. Refus de soin en obstétrique : approche juridique. Gynécologie et obstétrique. 2019. ⟨dumas-02381308⟩



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