[The Perruce decree, an opportunity to question the acceptance of a handicap and the relationship between physicians, justice and society].
The 'Perruche' decree (confirmed by the Paris Court of Cassation in November 2001) recognizes the right of those born with a handicap to claim for compensation. However, there is a fear that this decree might lead to deviations in the requests submitted for systematic compensation, simply because of a handicap or prejudice, even in the absence of a medical error. The interest of the 'Perruche' decree is that it once again raises the question of the management of handicapped people in our society and the lack of sufficient help from the State. The decree also emphasizes the strong subjacent risk that a handicap could be considered as a failure or a medical error. The excessive ideology of a 'perfect' child may therefore provoke the reject of the idea that a human being may be born with a deficiency or "imperfection". It also reminds us that medical practice remains exposed to errors and incertitude and that a zero risk does not exist, contrary to certain fantastical beliefs fostered by the principle of precaution. The hazard may correspond to the notion of incertitude. But it must not be confused with an error and it implies that which is unforeseeable. It is important that physicians stall the faith in the power of ultramodern techniques. Conversely, they should not claim a right to systematic error, when errors in fact hide authentic faults. The medical discourse must therefore remain responsible.
Moutel
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G
Laboratoire d'éthique médicale, Faculté de médecine Necker & Département de médecine légale et droit de la santé Université Paris V 156 rue de Vaugirard 75 015 Paris.
François
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I
Moutard
M L
ML
Hervé
C
C
D000013:Congenital Abnormalities; D006233:Persons with Disabilities; D005602:France; D006801:Humans; D016365:Liability, Legal; D008318:Malpractice; D019300:Medical Errors; D013677:Medical Laboratory Science; D010819:Physician's Role; D011640:Public Policy; D012924:Social Conditions