The third party request and the legality of the hospitalization at the request of a third party: The hurdles to be overcome

This paper following another article aimed at the implementation of the hospitalization at the request of a third party (hospitalisation a la demande d'un tiers - HDT) shows that the third party request for hospitalization, a compulsory component for validity of the process of hospitalization at the request of a third party, proves sometimes to be a difficult stage, source of great teething troubles and cancellation of many hospitalizations, not to say start of legal proceedings. The legal jargon and rhetoric reveal after their interpretation, a big gap between the spirit of the law, the practice of care and the precedents. Then, are suggested amendments of the practice relating to the hospitalization at the request of a third party, even of the law that banned long ago, the words: Commitment, internment and placement. Mainly, we suggest an ease of the validity of the thirds liable to formulate the request and a concentration on the spirit of the law, aiming more at the protection of the patients than an unproductive suspicion of the staff. (C) 2010 Elsevier Masson SAS. All rights reserved.