Lawyer serving anesthesiologists-intensivists

Do you need a lawyer for anesthesiologists-intensivists to negotiate an amicable solution in the event of overpayment by the Social Security or disputes with the medical control department? Are you looking for legal support to open an anesthesiology practice? Contact our law firm specializing in health law now for tailor-made assistance.

Whether you are facing a malpractice complaint or a need to restructure your medical practice, we have the skills necessary to meet your needs.

Lawyer serving anesthesiologists-intensivists for criminal defense in the event of legal proceedings

Anesthesiologist specialists work in a particularly demanding field, where every medical decision carries risks. An error, complication, or allegation of malpractice can not only jeopardize patient health but also compromise their career and reputation.

Medical liability therefore represents a major issue for these practitioners. Their practice exposes them to legal proceedings that may fall under criminal law, particularly in cases of allegations of gross negligence or endangering the life of others.

Our specialist lawyers for anesthesiologists-intensivists assist you from the onset of a conflict, whether it involves:

• a complaint from a patient;
• of a complaint filed by a healthcare establishment;
• or of a judicial procedure.

Our role is to protect your rights, defend your interests, and allow you to continue practicing serenely when possible. When an allegation of medical malpractice is made, our team of experts in business criminal law conducts a rigorous analysis of the facts. This includes consulting medical experts and a detailed review of care records.

We ensure the collection of adequate evidence, whether it be a technical expert report or testimonies. In collaboration with medical experts, we build a solid argument aimed at demonstrating the absence of fault or, failing that, at reducing the severity of the charges.

Our law firm supports you at every stage of the judicial process, from investigation to hearing, to guarantee flawless representation before the competent courts. In addition, we assist you in your relations with insurance companies. We negotiate fair compensation, when relevant, and advise you on the best strategies to limit the financial impacts related to a procedure.

Lawyer dedicated to anesthesiologists and intensivists for corporate law support in the healthcare sector

The management of a general anesthesia practice is based on strategic choices that require an understanding of corporate law. These decisions often involve the creation or transformation of legal structures, such as a liberal exercise company (SEL) or the merger of several entities to pool resources. Our lawyers serving anesthesiologists-intensivists provide personalized assistance for all these procedures.

Operation and tax regime of an SEL

The SEL is a legal structure that allows billing in the name of the company, integrating investors, and distributing profits among partners. It is a capital company formed by the contributions of the partners. Each member's liability is limited to their contribution. SELs are necessarily mono-professional: an anesthesiologist-intensivist cannot, for example, partner with a physiotherapist.

The majority of capital must be held by professionals of the relevant discipline or specialty, but they are not required to work in the company. By default, SELs are subject to corporate tax (IS). However, they may opt for income tax (IR) for 5 years by choosing the partnership regime.

If they are subject to corporate income tax, they must keep accrual accounting (recording transactions on their invoice date). SELs subject to income tax or benefiting from the simplified real regime may adopt cash accounting (recording according to bank movements). For those subject to income tax, each partner must file a 2035 declaration corresponding to their share of profits, calculated according to their capital participation.

These profits can be reinvested or distributed as dividends. Under CIT, SELs are taxed according to a fixed scale. Profits between €0 and €42,500 are taxed at 15% if the turnover is less than or equal to €10 million. For profits exceeding €42,500, the tax rate is 25%, regardless of turnover.

Liberal professional companies (SEL) come in four types:

• SELAS (Simplified Joint Stock Professional Practice Company);
• SELARL (Société d’Exercice Libéral à Responsabilité Limitée);
• SELAFA (Limited Liability Professional Practice in the Form of a Public Limited Company);
• SELCA (Limited Liability Professional Partnership by Shares).

The last two options are rarely used by healthcare professionals.

What are the specificities of each type of SEL?

The SELARL stands out for its great flexibility in the management of dividends, which can be distributed and taxed personally or retained to avoid taxation. It also allows deferring the taxation of the contribution capital gain upon its creation. Compared to a SELAS, it generates additional costs, particularly for the transfer of shares. However, no minimum share capital is required. Note that the single-member SELARL is subject to the BNC.

The SELAS offers an advantageous framework for managers, who are treated as employees benefiting from social protection, although they do not contribute to unemployment insurance. Moreover, its number of shareholders is unlimited, which encourages significant capital opening. However, dividends must be paid at the end of the financial year. The SELAS stands out with its initial capital set at €1.

The SELAFA requires that two-thirds of its supervisory body be composed of associates practicing in the company, and a minimum of three founding associates is required. The minimum capital is set at €37,000. This corporate form is characterized by its flexibility in terms of taxation and social security contributions. However, the SELAFA requires high costs and strict formalities for its formation and operation.

The SELCA also requires a minimum capital of €37,000, half of which must be paid up at its creation and the remainder within five years. It must include at least one limited partner, responsible for management, and three limited partners. For a new limited partner shareholder to join the structure after its creation, the agreement of two-thirds of the shareholders as well as the unanimous consent of the limited partners is required. Similarly, any transfer of shares must be validated by a majority of the limited partner shareholders.

Our assistance in creating an SEL for your anesthesiology practice

From the design phase, our team specialized in corporate law analyzes your professional, financial, and organizational needs to propose the most appropriate legal structure. This includes taking into account the regulatory specificities related to liberal and hospital medical practice.

The drafting of the articles of association is a fundamental step to secure the activities of your SEL. Our lawyers for anesthesiologists-resuscitators ensure that each clause complies with legal requirements and reflects your professional objectives. For example, we ensure clear decision-making mechanisms, terms for entry and exit of partners, as well as provisions regarding profit distribution.

When you plan to integrate new partners or merge with another structure, we intervene to guarantee the legal and economic viability of the operation. We carry out a rigorous due diligence to identify potential risks, whether tax, social, or contractual. This analysis helps prevent future disputes and facilitates a smooth transition.
Our expertise also covers issues related to the internal governance of your company (SELAS or SELARL). We advise you on managing conflicts between partners, implementing effective decision-making procedures, and complying with transparency obligations towards external partners.

Assistance from our law firm for anesthesiologists in case of contractual disputes

As part of your activity, you are required to sign various contracts, whether with public hospitals, private clinics, medical equipment suppliers, or professional partners. These contractual commitments can sometimes lead to conflicts, particularly due to unfair clauses or unilateral terminations.

Our specialist lawyers for anesthesiologists-intensivists intervene to resolve these disputes amicably or to prepare your defense in the event of litigation, particularly before:

• the disciplinary chambers of first instance and national council of the order of physicians;
• the competent judicial or administrative court.

We examine your contracts in detail, identify legal risks, and negotiate the best solutions to protect your interests. Our lawyers serving anesthesiologists-intensivists are by your side to offer you tailored support in matters of medical liability, corporate law, or criminal defense.