HDT d’urgence et certificat médical circonstancié

Dans l’hypothèse d’une hospitalisation à la demande d’un tiers et en cas de péril imminent, l’unique certificat médical ne présente pas un caractère circonstancié lorsqu’il ne précise pas les particularités de la maladie de la personne hospitalisée et ne justifie pas l’imminence du péril. La décision du directeur du centre hospitalier admettant l’intéressée en HDT a donc été prise à la suite d’une procédure irrégulière et est, par suite, annulée ((TA Nice, 5ème chambre, 6 mars 2007, Mme J., n° 0603392.)).

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