{"id":1687,"date":"2022-01-19T12:02:09","date_gmt":"2022-01-19T11:02:09","guid":{"rendered":"http:\/\/mattheva.com\/?p=1687"},"modified":"2023-10-17T03:05:45","modified_gmt":"2023-10-17T01:05:45","slug":"expertise-medicale-qui-peut-assister-a-lexamen-clinique","status":"publish","type":"post","link":"https:\/\/mattheva.com\/en\/expertise-medicale-qui-peut-assister-a-lexamen-clinique\/","title":{"rendered":"Medical expertise who can attend the clinical examination?"},"content":{"rendered":"
\n\t\t\t\t\t\t\t\t\t
\n\t\t\t\t\t\t
\n\t\t\t\t\t
\n\t\t\t
\n\t\t\t\t\t\t\t\t
\n\t\t\t\t
\n\t\t\t\t\t\t\t

\"\"\u00a0<\/p>\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

\n\t\t\t\t
\n\t\t\t\t\t\t\t

Cornerstone of the compensation of victims, medical expertise arouses many controversies.
The clinical examination, necessary to establish the after-effects of the victim, is an essential prerequisite to the determination of his damages.
This is a major issue for the victim who will have to have all of his after-effects recognized and the insurance company which will do its best to minimize these same after-effects in order to reduce compensation, to the detriment of the real needs of the victim.<\/p>\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

\n\t\t\t\t
\n\t\t\t\t\t\t\t

Despite the stakes, the conditions of its unfolding, in the presence of the lawyer chosen by the victim to assist him and thus provided with an ad litem mandate, are at the heart of a constant controversy.
On the one hand the doctors, who, from the point of view of medical secrecy, the violation of which is criminally sanctioned, recall that the clinical examination is a medical examination which must be carried out with strict respect for the human person who is a victim brought to reveal the intimacy of her body.
On the other hand, the lawyers, who recall the legal, if not judicial, purpose of the expertise and, therefore, the particular nature of the framework of the clinical examination, submitted, like all the stages of a procedure, respecting the essential principle of adversarial proceedings.
In its report, adopted during the session of October 21, 2011, the National Council of the Order of Physicians first recalled that medical secrecy was not enforceable by the doctor against the victim: medical secrecy belongs to the victim alone, who can also relieve his doctor.<\/p>\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

\n\t\t\t\t
\n\t\t\t\t\t
\n\t\t\t\n\t\t