On Friday, September 28, 2018, Eman KHAMIS, a doctoral student in Public Law at the Centre de Droit Privé et Public des Obligations et de la Consommation (CDPPOC), will submit her thesis "Le consentement à l'acte médical. A study of Egyptian and French law".
The defense will take place at 2pm, on the Jacob-Bellecombette campus, rue Jean-Baptiste Richard, entrance A, room Amphi 19 000.
Summary of the thesis
This work on patient consent to medical acts: a study of Egyptian and French law is based on the definition given by French and Egyptian doctrine and jurisprudence, namely that patient consent is necessary, free and informed. This principle is enshrined in articles 16-3 of the French Civil Code and L. 1111-4 of the French CSP, and in articles 28 of the 2003 Egyptian RDM and 89 of the Egyptian Civil Code. The first part of this study was devoted to the autonomy of the patient in relation to the practitioner. In Egypt, despite a theoretical consensus on this principle, its application is hampered by the reluctance of the medical profession, which considers that the patient's lack of medical knowledge does not allow him or her to give valid consent to the medical act. The second part concerns the practitioner's liability for failure to obtain the patient's consent to the medical act. In Egypt, even if the principle of freedom of consent is recognized in law, it is not always easy to apply in practice. The importance of the medical stakes, combined with the patient's lack of medical knowledge, calls for a relationship of trust between patient and practitioner.