Lawyer in disciplinary litigation for disciplinary complaints or disciplinary proceedings

Do you wish to file a complaint with a professional body to defend your rights or reputation? Are you facing a disciplinary decision you believe is unjustified and wish to contest, or are you summoned to respond to accusations jeopardizing your career and honor? Macfarlanes LLP offers you tailored support, provided by lawyers expert in professional body litigation for professional complaints and disciplinary proceedings.

Whether it is to draft a complaint, prepare an effective defense, or initiate an appeal against a disciplinary decision, you can benefit from our specialized expertise. Our team of lawyers is competent to analyze your case and develop a tailor-made strategy. Thanks to our expertise in criminal law, we can also represent you before disciplinary courts or civil courts to defend your cause.

Lawyer specialized in disciplinary board litigation for a disciplinary complaint

The disciplinary jurisdiction or disciplinary jurisdiction of doctors is an autonomous institution that plays an important role in regulating the medical profession.

Three levels of jurisdiction exist:

• the First Instance Disciplinary Chamber of the Order of Physicians;
• the National Disciplinary Chamber for appeals;
• the Council of State.

These bodies, relying on the principles of health law, intervene to sanction breaches of the Code of Medical Ethics. They thus ensure the preservation of ethical standards within the profession. Indeed, any person, whether a patient, a fellow doctor, or an institution such as the ARS or the Departmental Council of the Order of Physicians, can initiate a disciplinary complaint against a doctor.

This is a free procedure that allows people victims of medical malpractice, a medical accident or behavior contrary to professional obligations to challenge the doctor. It provides the possibility to warn or sanction the latter.

However, initiating such a process requires taking several steps. An insufficiently substantiated complaint may be rejected, or worse, lead to legal consequences for the complainant. A clear and precise description of the alleged facts is essential. That is why it is crucial to be assisted by specialized professionals from the very first stages. To make things easier for you, our firm provides lawyers specialized in professional order litigation for complaints and disciplinary proceedings.

These professionals will know how to analyze your file, identify the relevant breaches and ensure that the complaint is based on solid foundations. With their expertise, from the initial contact, we carry out an in-depth study of your situation to determine the legal implications of your file. We advise you on the best strategy to adopt and help you gather the necessary evidence to support your arguments.

From the precise and convincing drafting of the complaint to its filing with the Departmental Council of the Order of Physicians, we ensure that each step is carried out efficiently. We also remain by your side for the rest of the procedure, particularly during the conciliation meeting organized by the Order of Physicians, where an amicable resolution can sometimes be found.

Lawyer in professional order litigation for disciplinary proceedings

When a complaint is filed with the departmental council of the Order of Physicians, a conciliation meeting is mandatory between the complainant and the physician. This preliminary step aims to resolve the dispute amicably. Thus, if an agreement is reached, a report is drawn up, ending the proceedings, unless the departmental council decides otherwise. If the conciliation fails, the complaint is forwarded to the first-instance disciplinary chamber, which determines its admissibility.

Once the complaint is deemed admissible, a rapporteur is appointed to investigate the case by gathering all necessary information for a hearing before the disciplinary chamber. This can lead either to the dismissal of the complaint or to the conviction of the doctor. In the event of a decision unfavorable to the complainant, costs and fines for abusive complaint may be imposed.

If the doctor is found guilty of a breach of ethics, sanctions such as a warning or a reprimand may be imposed. In this context, our firm of lawyers specialized in ordinal litigation for ordinal complaints and disciplinary proceedings offers tailored support for both practitioners and complainants.

We meticulously analyze the files, both on the merits and on the form, to define a documented and technically flawless defense strategy.

This involves close collaboration with our clients to identify critical points, convincing arguments and solid evidence to effectively defend their interests. Whether you are the complainant or the party accused, during disciplinary hearings, we ensure rigorous representation. Our intervention consists of clearly presenting the facts and arguments to obtain the best possible decision.

Lawyer in professional body litigation for professional body complaints or disciplinary proceedings: appeal for revision

The appeal for review constitutes an exceptional remedy in matters of ordinal and disciplinary litigation. It is reserved for final decisions of the First Instance Disciplinary Chamber (CDPI) or the National Disciplinary Chamber (CDN), particularly those imposing a temporary ban on practice or disbarment. Although it does not have suspensive effect, it allows challenging a severe sanction by providing solid and substantiated elements.

It is based in particular on specific conditions, such as the discovery of new facts, unknown at the time of the judgment, and likely to change the assessment of the case. This avenue of appeal is often the last hope for sanctioned doctors, offering them a chance to review a decision perceived as unfair or disproportionate.

However, the complexity of this procedure requires an in-depth analysis of the file and a rigorous strategy, adapted to the personal and professional stakes of the practitioner concerned. It is therefore a crucial step that must be carefully prepared. In this context, we first assess the admissibility of the appeal, identifying new elements or possible errors of law.

Next, we develop a technical defense strategy by drafting the necessary briefs to support the review. Our lawyers specialized in disciplinary board litigation for complaints and disciplinary proceedings ensure that legally sound arguments are presented to achieve a favorable outcome.

Lawyer in ordinal litigation for complaints or disciplinary proceedings: appeal by way of opposition

This option, although rare, offers the practitioner a second chance to present their arguments. Moreover, it has a suspensive effect, except in certain exceptional cases provided for by Article L. 4113-14 of the Public Health Code. It constitutes an essential way to protect doctors' rights in delicate situations. It is also a procedure subject to strict conditions, requiring specialized expertise to ensure its proper conduct.

To initiate such a procedure, it is important to verify that all steps of the disciplinary process have been followed and comply with regulations. With our lawyers specializing in professional order litigation for complaints and disciplinary proceedings, you can benefit from comprehensive assistance. We can analyze the reasons for the initial lack of defense, evaluate the case documents, and identify any irregularities based on the procedural rules and applicable disciplinary law.

This meticulous analysis allows us to advise our clients on the best strategy to adopt. We help them gather additional evidence if necessary and prepare a convincing file to maximize their chances of success. Furthermore, we also assist claimants seeking compensation for their damage. Contrary to popular belief, the disciplinary jurisdictions of the Order of Physicians are not competent to award damages.

To do this, it is necessary to refer the matter to the competent civil or criminal court. Our role here is to support the victim at every stage of the compensation procedure before the courts. First, we assess the damages suffered by collaborating with experts in the field. Then, we contact the doctor's insurer to negotiate compensation. This allows us to find an amicable solution. If necessary, we can also file a complaint if no amicable solution is possible.

In this case, we represent our clients to ensure fair compensation that is proportionate. Our intervention is comprehensive and tailored to the needs of each party. Whether defending a doctor against a severe sanction or supporting a claimant in their quest for justice, we bring our expertise at every stage. With our know-how, we do everything possible to protect our clients' rights and help them achieve satisfactory results. Contact us to schedule an appointment.