The jurisprudential French court of cassation approach

The modern conception of information in surgery – both its founding principle (the respect for basic Human rights) and its practical details (the exact nature of the operation, its potential consequences and the alternative therapies) – was born from the outcome of a surgical operation and laid down in the famous Teyssier judgement delivered on January 28th 1942 by the French Court of cassation. Seventy years later this precept is more than ever relevant, further legal precedents and the Law of March 4th 2002 having only confirmed it and, on a number of points which will be discussed, further refined or complemented.Compensation for damage and harm arising from breach of the medical duty to receive the fully informed consent of the patient is however undergoing a major crisis which can only be resolved through legislative action reasonably conciliating contradictory interests.