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The doctor, his patient, and the insurer. What to say and not say Volume 13, issue 5, Mai 2017

Author
Avocat au Barreau de Rennes
Spécialisé en Droit Médical et du Dommage Corporel
4 Boulevard Saint-Conwoïon, 35000 Rennes

The destinies of the patient, his doctor and his insurer can sometimes come to a crossing point. The patient would like to protect himself or his family in the event of a disease. The insurer could find a solution but, before taking the risk, he would appreciate the doctor provided him with all the information about the health of his future customer. Once the claim has arisen, the insurer would still like to be sure, with the doctor's help, that it is indeed a guaranteed event, subsequent to the underwriting of the policy. The doctor is familiar with the disclosure to his patient of all the information that concerns him. The law even obliges GP's to their full revelation: “Everyone has the right to be informed about his state of health. This information relates to the various investigations, treatments or preventive actions that are proposed, their usefulness, possible urgency, consequences, frequent or serious risks that are normally predictable, as well as other possible solutions and likely consequences in the event of refusal ... ” [1]. On the other hand, apart from this singular discussion with his patient, medical secrecy prevents him from disclosing to third parties any information whatsoever outside the cases exhaustively enumerated by the Law. How is it possible to reconcile these imperatives and expectations?