CHAPTER 9 LES DROITS DU PATIENT ET LES PRATIQUES DE SOINS NON CONVENTIONNELLES : UNE PROTECTION INSUFFISANTE EN DROIT FRANÇAIS

Abstract

There is currently a growing demand in favor of non-conventional medicines. The use of unconventional practices is interesting, not only for the patient himself, but also for the community (in order to face the contemporary problems of health expenditure, access to healthcare, and the aging of the population). However, we can ask ourselves about the protection of patient’s rights when he uses unconventional care practices. There is a gap between the growing demand for unconventional care, and the low level of legal framework of these practices by French law. The near absence of supervision of certain diplomas and the exercise of certain professions raises the question of the safety and quality of the care provided. Other uncertainties appear regarding the respect of the patient’s personal rights (information, consent, refusal of treatment, secrecy of health information, etc.). The current legal framework deserves to be developed to ensure a better protection for patients who use unconventional care.