Specialist lawyer for litigation in health law

Are you the subject of a complaint for medical error, violation of medical confidentiality or a dispute with a patient? Are you a victim of medical malpractice or mistreatment and looking for a lawyer specializing in health law litigation to assert your rights? Contact our law firm for tailored support. Whether you are a healthcare professional or a patient, our experts in health law guarantee you comprehensive care for effective solutions.

Since 1994, we have been intervening in cases of professional liability claims, disciplinary proceedings before the Order of Physicians, suspensions or revocations, as well as disputes related to social security overpayments. Our specialists support you in defending your interests, whether through amicable solutions or administrative and judicial proceedings. Thanks to our criminal law lawyers, we also assist victims before the competent courts.

Specialist lawyer for health law disputes: medical liability

Medical liability is based on the obligation for a healthcare professional or a healthcare establishment to compensate for damages caused to a patient in the event of a medical error, for example. This principle finds its foundation in the Mercier ruling of 1936, which established that a practitioner is required to provide care that is conscientious, attentive, and in accordance with scientific knowledge to their patient.

Any failure in their obligations can then engage the liability of the doctor, whether it involves a technical error, a lack of information, or a breach of their duty of humanism. When a fault is alleged, for example, it can be characterized by a lack of knowledge of the rules or scientific practices specific to the medical profession. This notably includes:

• a diagnostic error;
• inappropriate intervention;
• negligence in postoperative follow-up.

The doctor or establishment must then demonstrate that the care provided complied with the required standards. Otherwise, an expert assessment or judicial procedure may be initiated. This is when the intervention of your lawyer specializing in health law disputes becomes essential. By calling on Macfarlanes LLP, you will benefit from legal assistance from the early stages of this procedure. If an investigation is initiated, we advise you on the best way to protect your rights.

Next, we can help you gather the necessary evidence, such as medical reports or testimonies, to build a strong case in your favor. We also intervene in the negotiation phase, particularly to seek an amicable solution when possible. Furthermore, with our support, you have the opportunity to contest the facts before the competent jurisdictions, whether disciplinary chambers or civil courts.

We can put forward legal and technical arguments, such as insufficient evidence from the opposing party or demonstrate compliance with medical protocols and the absence of a causal link between the alleged act and the damage. In some cases, we also argue for a mitigation of the penalty, by presenting mitigating circumstances or elements that reduce the scope of the decisions made against you.

Lawyer for health law litigation: assistance and compensation for victims

Victims of medical accidents have the full right to take legal action and refer to the competent authorities to obtain compensation in the event of harm. Moreover, medical liability requires demonstrating harm and the existence of a causal link with the medical act in question. This harm can be varied, ranging from physical injury to economic or moral losses.

However, initiating a compensation process requires a thorough understanding of the steps to follow to maximize your chances of success. The support of a social law professional or your lawyer specialized in health law litigation is therefore essential to ensure an effective approach. With our team of experienced specialists, you can obtain justice and fair compensation.
We can help you recover your entire medical file, which constitutes fundamental evidence in the analysis of the facts. Then, we will proceed to identify the type of medical liability involved. This may arise from fault, such as a medical error, or from no fault, in the case of a therapeutic risk or a nosocomial infection. Each situation requires a specific approach and an adapted strategy to obtain redress.

Our expertise will thus enable us to build a solid case and guide you towards the best appeal route. If a fault is identified, we initiate medical liability proceedings before the competent courts. Furthermore, we have the possibility to refer the matter to the Conciliation and Compensation Commission (CRCI) for a free assessment of damages by an expert doctor. This step will allow us to establish the severity of the harm.

In addition, we will support you in negotiations with the insurance of the professional or the responsible health establishment. If an amicable agreement cannot be reached, thanks to our know-how, we will ensure your representation before the court with professional argumentation to offer you personalized and complete support. We ensure that each step is carried out with rigor, transparency and respect for your specific needs.

Lawyer specializing in CPAM disputes in health law

The Primary Health Insurance Fund (CPAM) is an organization that plays a central role in managing the rights and obligations of social security beneficiaries. Responsible for paying health benefits, controlling expenses, and ensuring compliance with practices, the intervention of this body can also lead to disputes with professionals or beneficiaries. These disputes fall into two main categories: medical disputes and administrative disputes.

In the context of medical disputes, the CPAM may challenge an insured person's state of invalidity or incapacity, thereby depriving them of rights to benefits such as pensions or daily allowances.

Administrative disputes include decisions such as:

• the deconventioning of a practitioner;
• refusal to reimburse care;
• claim for undue payments;
• financial penalty, etc.

These decisions, often based on technical or financial criteria, can nevertheless be contested if they do not comply with legal rules or are manifestly unjustified. Each case requires an in-depth analysis to assess the chances of success of an appeal. This is why it is advisable to be assisted by your lawyer specialized in health law litigation for handling the procedures.

In our law firm specializing in health law, we have professionals capable of studying the situation to support you throughout the procedure. For example, in the face of a procedure for recovery of overpayments or financial penalties, we examine the legal basis of the claim or sanction and seek to demonstrate the absence of fault or error on your part. Similarly, if you are faced with a de-listing, we can develop a defense aimed at contesting the proportionality of the sanction in order to preserve your activity.

Our approach includes a prior appeal before the Friendly Appeals Commission (CRA), a mandatory step that allows for an internal review of the file. In case of rejection, we initiate contentious proceedings before the judicial court, where we mobilize solid evidence and rigorous legal argumentation to defend your rights. If necessary, we also appeal the decision and, as a last resort, refer the matter to the Court of Cassation to assert your rights.

Lawyer specializing in contractual disputes in health law

Doctor-clinic relationships are often formalized by contracts that help secure the activity and define the rights and obligations of each party. However, disputes or litigation often arise between healthcare professionals, medical establishments, or companies in the sector.

These conflicts can arise from improper performance or breach of a contract, whether it is a liberal practice agreement, a partnership agreement, or an exclusivity or non-compete clause. For example, disagreements over royalties, violations of clauses, or issues in company agreements can lead to conflicts.

Similarly, a wrongful termination of contract or an unjustified dismissal can lead to litigation. For these reasons, Macfarlanes LLP provides you with professionals to explain and negotiate the terms of your contracts in order to draft a tailor-made document. This helps prevent any litigation situation.

Nevertheless, we have lawyers specialized in health law litigation to help you manage conflict cases quickly and efficiently. We carry out a meticulous analysis of your contracts to identify any violations or faults committed to defend your interests.

Whether to obtain compensation or to have an abusive clause annulled, you can count on our expertise. We favor the amicable route by engaging in negotiations to reach a fair resolution and avoid lengthy and costly procedures. If this proves impossible, we represent you before the competent courts with a rigorous legal strategy tailored to your situation.