Caractère communicable et modalités de communication des déclarations d’événements indésirables graves aux usagers du système de santé et à leurs ayants droit. CE, 20 févr. 2025, no 493519, mentionné aux tables du Recueil Lebon

Abstract

In a decision dated 20 February 2025, the Conseil d’État ruled on the disclosability and the conditions governing the disclosure of reports of serious adverse events associated with healthcare (EIGS) to users of the healthcare system and their legal successors. The Court classified EIGS reports as administrative documents subject to the regime established by the Code of Relations between the Public and the Administration (CRPA), which may be disclosed after redaction of identifying data or assessments relating to healthcare professionals. Legal successors, treated as interested parties, may access the information necessary to understand the circumstances of the death. Notably, the decision also grants them access to the analysis of the causes of the event where such analysis sheds light on the death, marking a significant development. However, this extension of the right of access entails risks for quality-improvement processes and may lead to under-reporting of EIGS or to less detailed analyses. The decision thus challenges healthcare institutions to maintain a balance between the legitimate information needs of patients and the effectiveness of risk-management mechanisms.