Law, medicine and society (1/2) . From scientific duty to scientific risk
Sargos, P.; David, G.
Presse Medicale 31(20): 945-952
2002
ISSN/ISBN: 0755-4982 PMID: 12148143 Document Number: 541179
IF LAW IS SIMPLISTIC: Notably with regard to responsibility applied by the courts, it is also a mirror and enlightening. The medical corp's apprehension of law is rich in information on the evolution of medicine and society's opinion of it. THE MEDICAL CONTRACT IS UNIQUE: It concerns human beings and their dignity. It is a scientific, conscientious and moral (or ethical) contract. The physicians' duty is scientific, with an obligation to provide conscientious and appropriate care and treatment according to evidence-based science. IN THE PRECAUTIONARY PRINCIPLE: The question of whether the physician should attempt to prevent a disease, although the medical act itself may be risky, is raised. The example of the application of precautionary vaccination against hepatitis B has demonstrated the potentially damaging impact of such a public health policy and its impact on public opinion. The dangers of such an insufficiently thought out precautionary measure also exists in individual medicine. After serious discussion among the medical corps, the Medical Academy applied for a moratorium regarding the application of precautionary principle in the field of medicine.