Abstract
Today, innovation is at the heart of political discourse, particularly in the field of healthcare. It is perceived as a key element in meeting imperatives such as equal access to healthcare for all. However, the law is struggling to take the full measure of this concept, as evidenced by the absence of a consensual definition. Legislative developments nevertheless show that the law is not resistant to innovation, characterizing a phenomenon of transformation in society and therefore in the law itself. If innovation appears to be more of an economic or sociological concept than a legal one, it is bound to come up against the structure of the Law, which at first glance appears to be marked by a certain rigidity that guarantees the fundamental rights and freedoms of every individual. The latter is therefore fluid and plastic. What's more, the close link between law and innovation seems to be based on reciprocal influences. Indeed, while the law helps to bring about innovation, the fact remains that innovation sometimes precedes it. In such cases, we need to consider how to preserve the balance of the law, in its conception, construction and implementation, in the face of such a concept.