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Patients' rights

Users, do you know your rights?

Your state of health

Before giving their consent to treatment, patients must be given the following informationfair, clear and appropriate information its degree of understanding on the part of the nursing and medical teams, while being free of any pressure or constraint.

If you prefer not to know, that's your right! This is the only situation in which the doctor may not fulfil his obligation to provide information.

However, even if you don't want to know what's wrong with you, professionals have a duty to inform you of the benefits and risks associated with the examinations, treatments or procedures that will be carried out. Refusing to know what you have does not mean that you refuse to know what will be done to you!

Note, however, that if there is a risk of transmission to a third party, the doctor will have to inform you of the diagnosis, despite your refusal.

Giving informed consent implies being aware of the possible therapeutic alternatives, i.e. the other means of treating the health problem(s) encountered, with their advantages and disadvantages... It is on the basis of this exchange that the patient will be able to accept or refuse what the health professionals recommend. Healthcare professionals must respect the patient's wishes. Patients may withhold or reverse any decision to refuse treatment at any time.

In some cases, it is difficult, if not impossible, to ask a patient to give his or her personal consent before an act of treatment:

Article L.1111-6 of the French Public Health Code.

Anyone over the age of 18 can appoint a trusted support person. Among other things, this person will be able to assist you in all health-related matters and, if one day you are unable to express your wishes, he or she will be consulted first to express them: he or she will be able to receive medical information on your behalf and will act as your spokesperson.

It will not be responsible for making decisions about your treatment, but will bear witness to your wishes, desires and convictions.

The trusted support person is not necessarily the person to tell if something happens to you, if you are hospitalised or in the event of your death; his or her role only concerns your health.

You can cancel your designation or change the terms at any time. See article L. 1111-6 of the French Public Health Code.

Person to contact

The person to be notified is contacted by the medical and care team in the event of any particular event(s) occurring during your stay of an organisational nature
or administrative (transfer to another health establishment, end of stay and discharge from the establishment, etc.).

She does not have access to medical information and does not take part in medical decisions.

All patients may designate one or more persons to be notified during their hospital stay. This can be done orally or in writing on admission or during your stay. During or at the end of your stay in hospital, you may ask to change the person to be notified.

Right of access to your medical file

To find out more about your right of access to your medical records, please consult the relevant page.

Advance directives

Article L.1111-17 of the French Public Health Code.

Any adult may, if they so wish, draw up advance directives in the event that, at the end of life, they are unable to express their wishes. These directives indicate their wishes concerning the conditions for limiting or stopping treatment. They will be consulted prior to any medical decision, and their content takes precedence over any other non-medical advice.

The written document must be dated and signed by you, and must include your full name, date and place of birth. It is valid for 3 years. It can be kept in your GP's file, your medical file if you are hospitalised, or by yourself, a trusted support person or a relative.
These instructions may subsequently be renewed, amended or revoked.

Do not hesitate to ask the nursing staff for any information relating to advance directives; forms are available on the wards.

Examination of complaints and claims

Articles R. 1112-91 to 94 of the Public Health Code :

The doctor mediator will intervene if your dissatisfaction concerns the organisation of care or the medical operation of the department in which you have been treated. In all other cases (quality of food, comfort of the room, reception of relatives, etc.), the non-physician mediator will intervene.

Get in touch with the staff on your ward.

They help to improve your day-to-day life and that of your loved ones within the establishment, by making us aware of your needs and problems, advising you on the steps to take and, if necessary, guiding you through the healthcare system.

Don't hesitate to contact them if you need to. The contact details of the user representatives are also available at reception, and are displayed in the clinic.

Click on image to enlarge

Decree no. 2016-726 of 1 June 2016

The Users' Committee (CDU), of which the users' representatives are members, ensures that your rights are respected and facilitates your procedures. Through its opinions and proposals, it helps to improve the establishment's policy on the reception, care, information and rights of patients and their relatives.

The committee is informed of all complaints and claims, as well as any serious events that have occurred. The members of this committee are bound by professional secrecy under the conditions set out in articles 226-13 and 226-14 of the French Penal Code. They meet at least once a quarter according to an agenda drawn up by the Chairman in consultation with the members. The list of members of this committee is available at Reception.

The CDU produces reports that are useful for drawing up policy on quality, safety and patient care.

If you have any questions or require information about your rights, please do not hesitate to contact us.

Organ and tissue donations

Donating one of your organs or certain tissues after death is a generous and useful gesture: it can save another person's life.
Organ harvesting is regulated by the French Bioethics Act no. 2004-800 of 6 August 2004.
It lays down the principle that a sample may be taken from a deceased person if he or she has not, during his or her lifetime, made known his or her refusal to have the sample taken.
However, you can object at any time (national register of refusals, oral or written declaration to the family or hospital staff).

The taking of a sample for therapeutic or scientific purposes from a minor or an adult under guardianship requires the written consent of the parental authority in the case of a minor, or of the guardian in the case of an adult under guardianship.

For more detailed information, visit theFrench Association for Organ and Tissue Donation.

Personal data

You will be asked to sign a consent relating to personal data, in accordance with Article 32 of Law No. 78-17 of 6 January 1978 relating to information technology, files and freedoms (amended by Law No. 2018-493 of 20 June 2018) "The person from whom personal data concerning him or her is collected shall be informed, unless he or she has been informed beforehand, by the data controller or his or her representative".

In addition, according to the new European regulation on the protection of personal data (RGPD, General Data Protection Regulation) that came into force on 25 May 2018: "any processing of personal data requires that the data subject has provided his or her consent to its use".

Article 38 of the French Public Health Code of 6 January 1978.
For legitimate reasons, you may object to the collection and processing of your personal data under the conditions laid down by law.

When you are admitted, please inform the Admissions Office or the ward supervisor.

You will need to complete a special form for this purpose, and every effort will be made to ensure your anonymity.

Ministerial Instruction DHOS/E1/DAF/DPACI No. 2007-322 of 4 August 2007.
Records are kept for 20 years from the date of the patient's last stay or last outpatient consultation in the establishment.

There are a few exceptions:

The retention periods are suspended by any action seeking to establish the medical liability of the establishment or healthcare professionals.

Information relating to transfusion procedures must be kept for 30 years. Decisions to dispose of records are taken by the director of the establishment after consulting the doctor responsible for medical information.

The clinic and all its staff are bound by medical confidentiality: they take steps to ensure that your medical information remains completely confidential.
Medical confidentiality is not enforceable against the patient: the clinic's practitioners provide information to patients in compliance with the applicable ethical rules.

Paramedical staff (nurses, physiotherapists, etc.) contribute to this information within their own areas of competence and in compliance with their own professional rules.

Healthcare establishments are legally obliged to analyse their medical activity, as part of the Programme de Médicalisation des Systèmes d'Information (PMSI), and to transmit these data to their authorities and supervisors, in a standardised and regulated manner. This data is protected by medical secrecy.

A video surveillance system is in place within the establishment to ensure the safety of people and property.
The images are kept for thirty days and can be viewed, in the event of an incident, by the staff in charge of security and by the police.

Hôpital Privé Sud Corse is the sole recipient of this data. To exercise your Data Protection rights, in particular your right of access to images concerning you, you may, in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, contact our Data Protection Officer (DPO) at the following address: dpo@hpsc.corsica
You can lodge a complaint with the CNIL.

In the event of an undesirable health event linked to a medical procedure, examination or product for medical use, you can report it on the Ministry of Health and Prevention portal.