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Dr Gérald Kierzek (Medical Director of Doctissimo)
The Remiremont hospital is the subject of a new complaint for manslaughter, filed last June. All the complainants point to the lack of transparency of the establishment. But what are its information obligations? Update with Dr Gérald Kierzek, emergency doctor and medical director of Doctissimo.
According to our colleagues from Vosges Matin, a ninth complaint for manslaughter was filed last June against the hospital in Remiremont, in the Vosges. It follows the death of an 82-year-old lady, who entered for two broken ribs and ultimately died of septic shock, caused by Escherichia Coli bacteria.
A dozen complaints filed against the hospital
A total of twelve complaints have been filed against the hospital: nine complaints for manslaughter, two for involuntary injuries and one for research into the causes of death, which have been filed. Eight judicial inquiries are open.
According to the son of the octogenarian, at the origin of the last complaint filed, the hospital would refuse to send him the medical file of his mother, who died two years ago. According to the families of the victims, the common point in all the cases is the lack of information given by the hospital.
What are the legal obligations of hospitals in terms of information?
The legal framework has greatly improved patient information since the early 2000s, as explained by Dr Gérald Kierzek, emergency physician and medical director of Doctissimo.
“Since the law of March 4, 2002, health professionals have a legal obligation to inform the patient. The latter must be informed of the risks concerning the care he is going to receive and the doctor must seek his consent. A support person, whether a family member or not, may also be appointed.”
After treatment or in the event of death, as is the case for several cases cited in this case, the obligations of hospitals continue. Everyone has access to all the information concerning their health, i.e. to all the data which are formalized and have contributed to the development and monitoring of the diagnosis and treatment or preventive action, or have been the subject of written exchanges between healthcare professionals, in particular examination results, consultation, intervention, exploration or hospitalization reports, therapeutic protocols and prescriptions implemented, sheets supervision, correspondence between health professionals, with the exception of information stating that it was collected from third parties not involved in the therapeutic management or concerning such a third party.
“Downstream of care, particularly in the event of death, the transmission of medical information and in particular the medical file must be communicated to the family who requests it.
The communication of the documents in the file must be made, at the earliest 48 hours after the request and at the latest eight days afterwards, if the information is less than five years old.
If the information is older, the establishment will have two months to respond to the request and in any case, it is up to the healthcare professional concerned or the person in charge of the establishment to accede to this request..
According to the lawyer for 11 of the plaintiffs Nancy Risacher, these obligations would not have been respected: “People have come to see me because they have lost loved ones in rather opaque circumstances and they have had neither information, nor respect, nor dialogue”.