Patients' rights
Your state of health
Health information
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.
Refusal to know!
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.
Informed consent
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:
-
Minor patients :
consent is then given by the parents or legal representatives (unless the minor expressly objects to being consulted). If the minor maintains his or her objection, he or she must nevertheless be accompanied by an adult so that the practitioner can carry out the treatment or procedure. -
Adult patients under guardianship :
the expression of informed consent is the responsibility of the guardian if the judge so decides when the patient is placed under guardianship or at a later date, depending on how the patient's state of health develops. In the absence of such a decision by the judge, the principle of autonomy applies to a protected adult who cannot be represented in the expression of consent. - Patients whose state of health does not allow them to express themselves at the time when the treatment is necessary. In this case, the doctor or healthcare team will need to obtain informed consent, either from the patient's relatives or from the trusted support person if the patient has designated one.
Person of trust
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
What the law says
Articles R. 1112-91 to 94 of the Public Health Code :
- "Article R. 1112-91 - All users of a health care institution must be given the opportunity to express their grievances orally to the managers of the institution's services. If this is not possible, or if the explanations received do not satisfy the user, he/she is informed that he/she has the option of either addressing a complaint or claim in writing to the legal representative of the establishment, or of having his/her complaint or claim recorded in writing, for the same purpose. In the latter case, a copy of the document will be issued to the patient without delay. "
- "Art. R. 1112-92 - All written complaints and claims addressed to the institution are forwarded to its legal representative. The latter either responds as soon as possible, informing the complainant of the possibility of referring the matter to a mediator, or informs the person concerned that he/she will be referring the matter to a mediator. The medical mediator is competent to deal with complaints or claims that exclusively concern the organisation of care and the medical operation of the department, while the non-medical mediator is competent to deal with complaints or claims that do not concern these issues. If a complaint or claim concerns both mediators, it shall be referred to them simultaneously. "
- "Art. R. 1112-93 - When a complaint or claim is referred to the mediator by the institution's legal representative or by the complainant, the mediator meets with the latter. Unless the complainant refuses or is unable to attend, the meeting shall take place within eight days of the referral. If the complaint or claim is made by an inpatient, the meeting must take place as far as possible before the patient is discharged from the hospital. The mediator may meet the patient's relatives if he/she considers it useful or at the patient's request. "
- "Art. R. 1112-94 - Within eight days of the meeting with the person lodging the complaint or claim, the mediator will send a report to the Chairman of the Commission, who will immediately forward it, along with the complaint or claim, to the members of the Commission and to the complainant. On the basis of this report, and after having met the person who lodged the complaint or claim, if it deems this appropriate, the Commission will make recommendations with a view to resolving the dispute or informing the person concerned of the conciliation or appeal procedures available to them. It may also issue a reasoned opinion in favour of closing the case. Within eight days of the meeting, the establishment's legal representative will reply to the person lodging the complaint or claim and attach the committee's opinion to the letter. He will forward this letter to the members of the committee. "
Internal mediators
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.
- Medical mediator: Dr Hélène GIAMPAOLI, multidisciplinary medicine
- Non-tenured doctor mediator: Marie-France PAOLI, IDE
User Representatives
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.
The Users' Committee
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
Consent
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".
Anonymity
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.
- Permanent medical mediator: Dr Hélène GIAMPAOLI
- Non-doctor mediator :
Keeping medical records
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:
- If the patient is a minor, the file is kept until at least their 28th birthday.
- If the patient dies less than 10 years after the last visit, the file is kept for a period of 10 years from the date of death.
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.
Medical confidentiality
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.
Analysis of medical data
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.
Video surveillance - video protection
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.