Law of Health Professionals
Risks related to the practice of health professions.
In the course of his or her work, the health professional (physician or not, dispensing pharmacist or laboratory manager) may be confronted with situations for which he or she is not prepared:
- administratively, a measure to close his or her practice or dispensary may be taken
- on the civil level, it can be assigned by dissatisfied patients
- criminally, he or she is liable to be prosecuted for unintentional injury, and if not a physician for the illegal practice of medicine
- on the disciplinary level, he or she may be subject to prosecution before his or her ordinal authorities.
A civil lawsuit, meeting with an investigating judge, appearance for illegal practice of medicine, appearance before a departmental disciplinary chamber or the national disciplinary chamber, appearance before a court cannot be apprehended without the assistance of experienced lawyers, or even with the help of scientific experts.
What attitude to adopt? Practicing mental restriction in case of hearing? To hide behind medical secrecy? Ask for the assistance of a lawyer? Express yourself without restraint? How to behave in front of an investigating department (gendarme, customs officer or police officer), an investigating judge, a prosecutor, a judge of liberty and detention, before a criminal court? How is the risk related to the practice of health professions insured? Is it indemnified by insurance companies?
Yves-Marie MORAY's law firm and the EUROLAW FRANCE network are involved in medical risk management with the intervention of practitioners with recognized professional experience in the field