Medicolegal evaluation of aesthetic impairment: particularities of post-burn scars.

Burns are serious injuries with incidence decreasing with the increasing efficacy of prevention campaigns. Their cause may be non-intentional or criminal. Thanks to advances in burn management, mortality has declined; however, the sequelae are more severe. The medical expert must be familiar with this field in order to carry out precise clinical evaluation so that individual compensation may be determined by the judge. Aesthetic damage, which is purely a non-economic loss, is difficult to assess, as it is dependent on the subjective opinion of the medical expert. The principle of financial compensation for aesthetic impairment is an imperfect one, but it gives victims a satisfactory compensation to which they attach importance. Without detailing the various national compensation systems, we review the burn patient's examination by the medical expert with particular attention to the specific characteristics of burn scars, their course and aesthetic impact.

Photography, patient consent and scientific publications: medicolegal aspects in France.

To take a photograph of a person is to lay bare their identity to the eyes of others. The photograph generates an ambiguous relationship with the idea of identity. It can in turn lay it bare, exploit it, reveal and embody it. It creates an image which takes on its own existence separately from the person portrayed. It can become a source of profit, a cause of moral harm, a means of proof, and an object of cupidity. The question which arises is: how can we know when it is legitimate to use a photograph? The law protects the person's legitimate interest, but does not only protect private interests, it also watches over the common good, and the interest of society as a whole justifies a certain number of uses of a person's photograph without their consent. This article has been written in order to clarify the ethical and legal conflicts from a French perspective, which the physician has to confront when obtaining consent from a patient before taking a photograph. Awareness of these points should make it possible to avoid any problems which could arise in relation to publications which carry illustrations for the purpose of increasing their impact.

Professional indemnity insurance and the practice of medicine during bullfights in France.

Bullfighting can provoke strong reactions, for fans and laymen alike. Risks to the health of participants are inseparable from the spectacle. Organisers call on a medical team whose main task is to treat the bullfighter's injuries. Despite the special features of this medical practice doctors are not exempt from the possibility of the question of their liability being raised in the event of medical malpractice and large financial damages for the bullfighter if he is harmed. The doctor's public liability and professional indemnity insurance contract is therefore all the more important, in fact, this insurance covers damages for harm caused by the policy holder from the moment he is declared liable. In the statute of 4th March 2002, the French legislature brought in compulsory insurance for health professionals with the aim of achieving the best possible compensation for harm. While public liability and professional indemnity insurance is compulsory for doctors, the purpose of making this insurance compulsory is to cover compensation for harm suffered by the victim. In the case of bullfights, faced with insufficient legal regulation and the fact that more often than not the medicine practised in this field is on a voluntary basis, it might be interesting to offer some thoughts on the special features of the insurance contract that ought to be adapted to these extreme working conditions.

Emergency suicide care in France: the psychiatrist's liability as seen in case law.

In France, in general emergency departments, psychiatric consultations are on the increase and suicidal behavior represents a frequent reason for consultation. Psychiatrists treat patients whose behavior may be impulsive and irrational, and whose critical judgment is impaired. In emergency units, the reception and initial assessment of the patient determines his or her future pathway through the healthcare system. By its very nature, emergency medicine deals with inherently unstable situations, which may lead to the risk of medical malpractice. The aim of this article is to provide a summary of the initial management of suicidal patients by general emergency units and to comment on the medical malpractice that may expose the practitioner to risk of liability. An analysis of case history has shown that in suicide cases, malpractice due to inadequate supervision is the most frequent ruling.