Charters
Charters concerning patients to which the François Baclesse Centre adheres:
- The Charte d’engagement des Centre de lutte contre le cancer (Comprehensive Cancer Centre commitment charter)
- The Charte de la personne hospitalisée (Hospitalised patient’s charter)
- The Charte Romain Jacob (Romain Jacob charter)
- The Charte du Bien Vivre Ensemble (Living well together charter)
The right to information
Principle
All patients have the right to be informed of their state of health. You also have the right not to be informed. All personal information is confidential.
The case of protected adults
Information is provided to protected adults in a manner compatible with their capacity to understand. Any such information is also provided to the person entrusted with the patient’s legal protection and representation.
With the protected adult’s consent, this information may be provided to the person entrusted with the patient’s legal protection and assistance.
Situation of minors
Minor patients have the right to personally receive information on themselves, in a manner appropriate to their degree of maturity. Persons with parental authority or guardians receive information on the minor patient’s state of health. However, the minor may demand secrecy from persons with parental authority.
The right to consent
Principle
Based on information and recommendations provided by the healthcare professional, all patients make decisions concerning their health. No medical procedure nor treatment may be engaged without your free and informed consent. This consent can be withdrawn at any time.
The case of protected adults
Consent of protected adults under legal protection and representation must be obtained if the adult is able to express their own will, if necessary with assistance from the person entrusted with their protection. When the patient is unable
to express their own will, the person entrusted with their legal protection and representation shall provide consent and authorisation, whilst taking the protected person’s opinion into account. Excluding emergencies, should the protected adult and the person entrusted with their protection disagree, a judge shall authorise one or the other to take the decision. Should the person entrusted with the protected adult’s protection and representation refuse treatment at a risk of serious consequences for the protected adult’s health, the physician shall deliver all indispensible care.
Situation of minors
Consent for care for minor patients is provided by their legal representatives (persons with parental authority or guardian). The minor’s consent is systematically sought, if they are capable of expressing their will and of participating in the decision. Should the person with parental authority or the guardian refuse treatment at a risk of serious consequences for the minor patient’s health, the physician shall deliver all indispensible care.
Person of trust
At any point during your stay, you may be asked by the medical secretaries or the care team to designate a person of trust (relative, close friend or general practitioner) in writing. This person of trust may, upon your request, assist you in your formalities or come with you to your consultations, exams or hospitalisation. Furthermore, should you be unable to receive information and/or express your wishes concerning your healthcare, your person of trust will be consulted before any other person, with regard to your wishes. An information booklet will be given to you by the admissions office. You can also communicate your wishes via your digital care file ‘Mon Espace Santé’.
Living will
A living will is the expression of your wishes with regards to the end of your life, should you be unable to express them. Hence, you can make your wishes known on the possibility of reducing or stopping ongoing treatment. Writing a living will can also help guide your person of trust. To help you, the centre provides an informative document, a template and a card ‘I have written my living will’, enabling you to inform of the presence of your will and the person you have given it to. Simply ask your care team or the ERI information centre. You can also record your living will via your digital care file ‘Mon Espace Santé’.
You can consult the guide on ‘Why and how to prepare a living will?’ (in French), by the French National Health Authority (HAS) on the following website www.has-sante.fr
Your patient file
Consultation of and access to your file
A medical file is created for each patient coming to the establishment. It includes all your health-related information.
Your medical file is kept in a secure and adapted place within the centre. All medical files are kept for a minimum duration of 20 years.
Upon written request to the CEO of the Centre, including a copy of formal proof of identity, you may access this information directly, or via a designated doctor. You can ask the medical secretaries to provide you with the request form for access to your medical file.
Consultation of this information, within the centre, is free of charge. If you would like copies of your file, reproduction and postage fees will apply.
The information requested via this form can only be provided after a minimum 48-hour period as from the time of request, and they must be provided within a maximum timescale of eight days. Should any requested information date back to a period in excess of five years, this timescale is extended to two months.
Possibility of access to your file by third parties
For minors or for adults under guardianship, the right of acceas to their medical file is granted to their legal representative(s): person(s) with parental authority or guardian(s). The protected person may, nevertheless, request that access to his/her file be exclusively granted to a medical physician.
In the case of death, the patient’s entitled parties, in other words, his/her heirs, and his/her spouse/concubine/partner, may request access to his/her file in order to be informed of the cause of death, to preserve the deceased person’s memory, or to defend his/her rights.
A patient’s legal representatives and entitled parties must provide the documents and information requested with regard to transmission of the medical file (see above), together with proof of their quality of legal representative or entitled party. You can ask the medical secretaries to provide you with the request form for entitled party access to a medical file.
Access to your medical file for external professionals
Your medical file is an essential source of information for ensuring coordination and continuity of your healthcare, both within and outside of the hospital.
The healthcare professionals in your care team at the Centre François Baclesse and the doctor(s) you have personally designated, can have access to all the information included in your medical file.
Via our eHealth tools, you can also authorise your chosen healthcare professionals to be given access to your medical file. The proposed system involves:
- a letter from your physicians at the François Baclesse Centre addressed to all the other physicians you have chosen.
- access to your medical file, via secure Internet, for these physicians.
Your digitally shared medical file (or DMP in French). All healthcare facilities and hospitals are encouraged to share essential information from your medical file, including biology test results and medical imaging results. It can also include a patient’s living will and contact information for his/her appointed legal representative. It can be read by emergency department doctors, the general practitioner and other doctors duly authorised by the patient.
Voice your opinion
All patients or members of their family and friends have the right to voice their opinion at the centre, in order to contribute towards improving the quality and the safety of healthcare.
Whenever a shortcoming is observed, your prime contacts are your care team and administrative staff, who are the most appropriate for responding to your questions or requests.
Should you be dissatisfied, your complaint can be taken:
- either orally and recorded in writing by a staff member who will make sure it is forwarded,
- or by letter addressed to the hospital CEO.
The hospital CEO is committed to responding to your complaint as quickly as possible. Complaints are also forwarded to the users’ committee for information and advice. A mediator can be called upon, on your request or that of the CEO. Both praise and shortcomings are shared with the professionals involved in your care.
The users’ committee (UC)
The Users’ Committee – The UC makes sure that users’ rights are abided by and contributes towards improving the quality of the welcome extended to patients and their families/friends and of their healthcare. It is informed of any complaints or praise forwarded to the management department, of mediation reports, results of satisfaction questionnaires and of your remarks and suggestions.
The User’s Committee is actively involved both in the centre’s quality policy and its hospital establishment project.
The list of UC members and contact information for user representatives are available by clicking here. Furthermore, you can directly call upon a user representative who can, among other assistance, accompany you during mediation.
Processing of your personal data
Principle
The François Baclesse Centre is particularly attached to respecting your private life and to protecting your personal data. It consequently applies appropriate measures to ensure the protection, confidentiality and security of your personal data. All our data processing is secure and is conducted in strict respect of medical secrecy, of the (EU) directive No. 2016/679 relating to the protection of personal data (GDPR) and the French law of data protection and civil liberties No. 78-17 dated 6 January 1978, amended by the law No. 2018-493 dated 20 June 2018 pertaining to the protection of personal data.
What type of data is processed?
The professionals who care for you, whether upon your admission, during consultation or within the context of research, collect and formalise information on your administrative, medical and social data, or on video surveillance.
Why do we use this data?
This information is recorded in your computerised patient file or within our information system and are used for a number of different purposes:
- To facilitate care and the administrative and medical management of your file,
- To contribute to care continuity and follow-up,
- To allow payment of procedures by the social security or private medical insurance companies,
- To respond to regulatory enquiries or satisfy regulatory obligations,
- To contribute to research* and health monitoring (registry, observational studies, etc.),
- To secure premises by means of video surveillance.
*Within the framework of data use for the purposes of research, data collected and generated during your care path or follow-up will be used in a confidential manner and the associated scientific results will be anonymised and compiled in a manner that totally prevents you from being identified.
Who receives this data?
Access to your data is strictly limited to the establishment and exclusively to individuals requiring to such access on the grounds of their position, in other words, staff from the care team and the technical platform included in your care path, the administrative departments in charge of managing your file and the technical departments in charge of surveillance.
Your rights
Within this context, you have the following rights:
- access to data,
- correction of erroneous data,
- deletion of data in the case of illicit processing,
- transmission (portability) of data collected by the establishment,
- limitation in the use of data,
- objection to the processing of personal data,
- objection to the transmission of data covered by professional secret and likely to be used within the context of research.
Objection to the processing of your data
At any time, you have the right to object to re-use of the personal data in your file, without requiring to justify such refusal, unless a legal obligation imposes the processing of your data. This objection will have no consequence on your care or your relationship with the medical team. In order to exercise your rights, you can contact the Centre François Baclesse Data Protection Officer (DPO):
- By e-mail: dpo@baclesse.unicancer.fr
- By regular mail: Centre François Baclesse A l’attention du Délégué à la Protection des Données BP 45026 14076 Caen Cedex 05
Data processing is conducted under control by the French National Commission for Data Processing and Liberties (CNIL). You can contact the CNIL at the following address: Commission Nationale de l’Informatique et des Libertés 3 Place de Fontenoy TSA 80715 75334 PARIS CEDEX 07 Tel: +33(0)1 53 73 22 22
You can also notify the CNIL of any violation of your rights on the dedicated platform.
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