Le sort du colloque singulier à l’heure du progrès technique : focus sur l’intelligence artificielle et la génétique

Abstract

The legal study of the "colloque singulier" (the doctor-patient relationship) consists in analyzing the role of law in understanding the protection it provides to the "colloque singulier", enabling it to survive to various disruptions (social, technical, cultural, financial, and legal) it faces. Among the recent disruptions to the "colloque singulier", two are particularly significant: the introduction of artificial intelligence and the development of genetics. These disciplines both result in the introduction of third parties (digital or familial) into the supposedly exclusive relationship of the "colloque singulier" and a renewed understanding of the future through their predictive and preventive dimensions. Furthermore, studying technical progress through the lens of artificial intelligence and genetics allows for an analysis of the central role of personal data, which lies at the heart of their functioning, as well as at the core of the contemporary "colloque singulier". The contemporary singular colloquium has also undergone legal changes brought about by the law of March 4, 2002, which profoundly altered the doctor-patient relationship, notably by legally guaranteeing patient rights enforceable against the doctor, aligning with the logic of expanding enforceable rights that has been, since the Declaration of the Rights of Man, the true ideological undercurrent of modernity. Thus, it is in the context of a transforming, accelerating, densifying, and increasingly complex medico-legal world that the relationship between doctor and patient exists today. The questions are numerous. Is the "colloque singulier" a relic of the Old World? Or is it, on the contrary, more necessary today than ever? How does the law approach the "colloque singulier"? How does it protect it? Is it legitimate to protect it? Ultimately, what is the fate of the "colloque singulier" in the era of technical progress, particularly in the age of artificial intelligence and genetics?

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