Affaire Vincent Lambert : l'émergence des droits des proches

May 11, 2013, the Court of Châlons-en-Champagne recognized to the parents of a seriously ill person the right to be consulted before stopping an unreasonable treatment. “The Vincent Lambert case” is the first court referring to the Leonetti law. In order to understand all the consequences for our medical practices, we have to study the role that the law reserves to the patient's kith and kin. The law gives them a greater role when the disease is severe, when the patient loses the ability to decide for himself, and when the medical decision is likely to modify the prognosis of the disease. Schematically, we note two points: in case of a serious illness parents/family should be informed; if the patient is unable to give consent, they should be consulted. The definition of “family” is not restrictive. Those rights are only restricted when the patient decides so, regardless of the designation of a “person of trust”. Of course, this designation confers on the person a greater legitimacy, but its mere existence does not diminish others relatives' rights. This decision confirms a common sense rule, enshrined in the Leonetti law that we should take account of the patient's kith and kin. It encourages physicians to seek to construct around the patient, the largest consensus.