The Order of Physicians and the “Doctor V. Affair”

The “Doctor V. case,” this orthopedic surgeon from Grenoble has been under investigation since 2020 for "involuntary injuries and manslaughter" (two deceased patients and several dozen alleged victims) , is turning into a showdown between several civil parties and the authorities of the medical association. The latest episode to date: the Council of State annulled, on May 22, a 2024 decision of the national disciplinary chamber of the medical association which had itself annulled the sanction (reprimand) imposed five years earlier on Dr. V. in the first instance, following a medical association complaint filed in 2018 by a patient, Serge G., who had a slipped disc operation in 2014 and has since used a wheelchair.

The Council of State ruled that the national disciplinary chamber "committed an error of law" by declaring the patient's appeal inadmissible, which resulted in the dismissal of his complaint and the acquittal of the practitioner before the order: the body wrongly ruled that Serge G.'s conclusions had been submitted "after the expiry of the appeal period." The case was therefore referred back to the national disciplinary chamber.

When contacted, the National Council of the Order of Physicians declined to comment on this ruling by the Council of State. However, it follows a report by the Court of Auditors, which, in 2019, had already criticized the professional body, highlighting a "lack of rigor in the handling of complaints."

Serge G.'s lawyer, Edouard Bourgin, welcomes the "severe censure of the Council of State" and deplores the "gross and manifest errors" committed by the disciplinary body, "which can be seen to have all been in favour of Dr. V." Dr. V.'s counsel, Bernard Boulloud, for his part highlights a "procedural error of law" by the disciplinary body, and adds that "there is no indication, however, that the national chamber will reverse its decision on the merits of rejecting the complainant's application."

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