The surgeon is supposed to inform of all the risks inherent in the breast implant placement, all the known, classic, common, but also rare side effects (ASIA syndrome and LAGC).
According to Article L. 1111-2 of the Public Health Code, every person “has the right to be informed about his state of health. This information relates to the various investigations, treatments or preventive actions that are proposed, their usefulness, their possible urgency, their consequences, the frequent or serious risks that are normally foreseeable, as well as the other possible solutions and the foreseeable consequences. in case of refusal “.
Paragraph 2 states that this obligation “shall be incumbent on any health professional” who must prove the fulfillment of his obligation.
It will be added that Article 35 of the Code of Medical Ethics (codified in Article R. 4127-35 of the Public Health Code) specifies that the information must be “fair, clear and appropriate to its state, investigations and cares “.
You must be in possession of a detailed quote that indicates exactly the type of procedure and where the surgeon will implant the prostheses.
The 15 days must be respected between the 2 consultations and the signature of the estimate and the informed consent.
The provisions of Article D 6322-30 of the Public Health Code, which states:
“In application of article L. 6322-2 , a minimum period of fifteen days must be respected after the submission of the detailed estimate, dated and signed by the practitioner (s) mentioned in 1 °, 2 ° and 4 ° of the article D. 6322-43 to perform the cosmetic surgery procedure.
In no case may this exception be waived, even at the request of the person concerned.
The surgeon, who has met the person concerned, practices the surgery himself, or informs him during this meeting that he will not perform all or part of this operation himself. This information is mentioned on the quote.
The provisions of this article are reproduced on each quotation.
The quote must be clear and specified the nature of the prostheses, the weight, the material, we would like to see the date of manufacture and the expiry date, the CE standard must be applied on the prostheses and on the packaging.
We have no information about the exact composition of the prostheses, the manufacturers relying on the secrets of manufacture, any consumer has the right to know what is implanted in the body.
A doctor is supposed to treat you and not make you sick.
The doctor is supposed to be at the forefront of scientific information. b>
It will be recalled that pursuant to Article L1142-1 of the Public Health Code, health professionals are responsible in case of fault:
“The health professionals mentioned in Part IV of this Code, as well as any institution, service or organization in which individual acts of prevention, diagnosis or care are performed, are not responsible for the harmful consequences of acts of prevention, diagnosis or care only in case of fault “.
And that they must act according to the acquired data of science.
The surgeon is liable for lack of information and he undertakes to follow his implacable device over the next 10 years as it remains a foreign body class IV (the highest level of risk).
Intervention by ONIAM or CRIR b>
The provisions of the second paragraph of Article L.1142-1 of the Public Health Code will be recalled:
“Where the liability of a professional, a facility, service or organization referred to in I or a producer of products is not engaged, a medical accident, an iatrogenic condition or a nosocomial infection entitles to the repair of injuries, and, in case of death, of his dependents in the name of national solidarity, when they are directly attributable to acts of prevention, diagnosis or care and have had consequences for the patient abnormal in relation to his state of health and the foreseeable evolution of it and have a character of seriousness, fixed by decree, appreciated with regard to the loss of functional abilities and the consequences on the private and professional life “.
Patients can claim compensation under national solidarity, subject to three conditions:
- Having been the victim of a non-offending medical accident, having developed an iatrogenic or nosocomial infection, li>
- That this medical accident caused some serious sequels, li>
- That the damage that has occurred is abnormal. li>
In the event of legal proceedings it is necessary to recover its complete medical file at the clinic to make the request by letter AR relying on the Kouchner law.
Since the Kouchner law of March 4, 2002, the conditions of access to the patient’s medical file or his successors in case of death have been substantially modified. b>
Access to the medical file is today characterized by three main points: b>
– a direct transmission of the file to the patient who wants it, b>
– all health professionals are affected by this transmission obligation, b>
– the medical file is defined and any formalized element is transferable except for documents concerning third parties. b>
This principle of direct access to health data is provided by paragraph 1 of Article L.1117-7 of the Public Health Code: b>
Everyone has access to all health information held in any capacity by health professionals and institutions, which is formalized or has been the subject of written exchanges between health professionals. , (…) with the exception of the information mentioning that they were collected from third parties not involved in the therapeutic treatment or concerning such a third party. B>
The patient can access the information directly or through a physician designated by the patient and obtain communication. b>
The file must be communicated within eight days, and two months when the medical information is more than five years old, from the date of receipt of the request b>
To check who bought the prostheses, is this the surgeon, is this the clinic?
Has a profit margin been applied?
Require explantation of photos of capsules and prostheses and send them to a specialized lab for analysis, prostheses are a property of your own, the surgeon does not have to decide for you fate prostheses.
The 10-year guarantee must work if the manufacturer has not gone bankrupt in case of breakage, logically the surgeon is supposed to send back for failure analysis the prosthesis to the supplier laboratory.
This is not logical prostheses should be analyzed by an independent lab at the expense of the vendor lab to find the product failures.
The Americans are used to film operations to check the surgeons’ actions.
In case of accident surgeons have the obligation to report adverse effects to the ANSM, often these statements are not made so the statistics of the ANSM are false.
A user can also make this statement in place of his surgeon.
You can attack in criminal or civil and make a complaint to the Council of the Order of Physicians.