The New French Legislation Relating to Patients' Rights and the Quality of the Health Care System

The New French Legislation Relating to Patients' Rights and the Quality of the Health Care System 361 European Journal of Health Law 9 : 361-379, 2002. © 2002 Kluwer Law International. Printed in the Netherlands. NEWS AND VIEWS The New French Legislation Relating to Patients’ Rights and the Quality of the Health Care System ALAIN GARAY Attorney at the Court of Appeal in Paris, agaray@club-internet.fr “ A benchmark law” , such is the term employed by Bernard Kouchner, Minister of Health, to describe law n o 2002-303 of 4th March 2002, presented by the Government, relating to patients’ rights and the quality of the health care system 1 . This concentrated and heterogeneous text constitutes a benchmark law not only from the point of view of the political and legal confirmation of the notion of “democratic health” but also with reference to the “legislative monuments” represented, according to the Minister of Health, by the “great hospital laws” of 1958, 1970 and 1991, and the “great thematic laws” (contraception 1967, abortion 1975, tobacco addiction and alcoholism 1991). In this way the legislator anticipates future developments in case law by taking into account previous ones. Thus the law on medical responsibility does not depend just on the praetorian work of the judge. From the outset it http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png European Journal of Health Law Brill

The New French Legislation Relating to Patients' Rights and the Quality of the Health Care System

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Publisher
Martinus Nijhoff
Copyright
© 2002 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0929-0273
eISSN
1571-8093
D.O.I.
10.1163/157180902773123978
Publisher site
See Article on Publisher Site

Abstract

361 European Journal of Health Law 9 : 361-379, 2002. © 2002 Kluwer Law International. Printed in the Netherlands. NEWS AND VIEWS The New French Legislation Relating to Patients’ Rights and the Quality of the Health Care System ALAIN GARAY Attorney at the Court of Appeal in Paris, agaray@club-internet.fr “ A benchmark law” , such is the term employed by Bernard Kouchner, Minister of Health, to describe law n o 2002-303 of 4th March 2002, presented by the Government, relating to patients’ rights and the quality of the health care system 1 . This concentrated and heterogeneous text constitutes a benchmark law not only from the point of view of the political and legal confirmation of the notion of “democratic health” but also with reference to the “legislative monuments” represented, according to the Minister of Health, by the “great hospital laws” of 1958, 1970 and 1991, and the “great thematic laws” (contraception 1967, abortion 1975, tobacco addiction and alcoholism 1991). In this way the legislator anticipates future developments in case law by taking into account previous ones. Thus the law on medical responsibility does not depend just on the praetorian work of the judge. From the outset it

Journal

European Journal of Health LawBrill

Published: Jan 1, 2002

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