On Friday, September 28, 2018, Eman KHAMIS, PhD student in Public Law at the Center for Private and Public Law of Obligations and Consumption (CDPPOC), will defend her thesis entitled "Consent to medical treatment. A study of Egyptian and French law."
The defense will take place at 2 p.m. on the Jacob-Bellecombette campus, Rue Jean-Baptiste Richard, Entrance A, Lecture Hall 19 000.
Thesis summary
This work on patient consent to medical treatment: a study of Egyptian and French law is based on the definition of French and Egyptian doctrine and case law, namely: patient consent must be necessary, free, and informed. Articles 16-3 of the French Civil Code and L. 1111-4 of the French CSP, as well as Articles 28 of the Egyptian RDM of 2003 and 89 of the Egyptian Civil Code, enshrine this principle. The first part of this study focused on patient autonomy in relation to the practitioner. In Egypt, despite a theoretical consensus on this principle, its application is met with reluctance from the medical profession, which believes that the patient's lack of medical knowledge prevents them from giving valid consent to medical procedures. The second part deals with the practitioner's liability for failure to obtain the patient's consent to medical treatment. We can therefore see that in Egypt, even though the principle of freedom of consent is recognized in law, in practice it faces many difficulties in its application. Furthermore, the importance of the medical issue, combined with the patient's lack of medical knowledge, requires a relationship of trust between the patient and the practitioner.