The Right to Information
The provision of information of good quality is an essential pre-requirement in order to
place hospitalised persons in the position of being able to defend their rights, inform themselves
of the rules of life during their stay in hospital and understand the treatment given to them. The
demand for specific and accessible information should thus enable patients, insofar as possible,
to make enlightened choices with regard to the acts that concern them. Indeed, although persons
committed “without consent” are considered unable to express their consent to the treatment
they require, their opinion should be sought and taken into account with regard to the practical
details of the treatment.
Information concerning State of Health
The Act of 4th March 2002 concerning patients’ rights and the quality of the health system
establishes the right of patients to be informed of their state of health: “This information
concerns the various different investigations, treatments and preventive actions proposed, the
usefulness thereof, the urgency if necessary, the consequences, any foreseeable frequent and
serious risks that they involve, as well as other possible solutions and the foreseeable
consequences in case of refusal […]” 109.
Persons hospitalised without their consent thus have the right to obtain information
appropriate to their capacity for understanding with regard to the diagnosis made, the medicines
given to them (including the intended effects and any undesirable effects) and the treatment plan
implemented.
As far as the place of families is concerned, it was observed that
psychiatrists may have conflicting policies, sometimes within the same unit.
Some of them consider that since, due to their illness, it is not possible to
take the patient’s autonomy as established, it is appropriate to closely
involve the family in the provision of medical treatment, considering it
essential for the latter to be informed of the diagnosis and treatments given
to their hospitalised close relation. On the other hand, other psychiatrists
consider that, when the person hospitalised is an adult, it is incumbent upon
them to manage their illness alone, and there is no reason for close relations
to receive information. The inspectors have thus encountered families who,
for this reason, had not been informed of the date of discharge of their
hospitalised relation, despite the fact that the patient was going to return to
live with them.
An interesting experiment is to be noted: in one institution in the Parisian suburbs, the
head of department co-organises a programme of exchanges and meetings with the president of
the UNAFAM in order to promote and explain patients’ treatment programmes for their families
and friends. According to the remarks noted, not only do these meetings enable exchanges and
the passing on of information, but also make it possible for the constraints faced by professionals
and families to be taken into account.
The CGLPL considers that initiatives of this kind should be extended.
The Haute Autorité de Santé [French independent scientific public authority contributing to
regulation of the quality of the health system] recommends that trusted persons appointed as
legal representatives 110 should be consulted when patients are not in a state to be informed
109
Article L. 1111-2 of the Public Health Code.
The Act of 4th March 2002 provides that any adult person may appoint a trusted person as legal representative, in
order to help them in their decisions, receive information on the spot and be consulted when the patient is not in a
110
126
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents