[The medical decision for the non-competent patient]. / La décision médicale chez le patient incompétent: aspects légaux et ethiques.

ABSTRACT

The evolution of the therapeutic relation from a paternalistic to a collaborative one has increased the legal and ethical problems related to the medical care in non competent patients. The recent Belgian law on the rights of the patient (August 22, 2002 ) and the advice of the Belgian Council of the Medical Association on this matter provide the practitioner with clear directives. However, the responsibility of the final decision always remains in the hands of the medical doctor as the protector of the patient.