Specialist lawyers for radiotherapists

Need assistance from a lawyer for radiation therapists to negotiate an amicable solution in case of a complaint or lawsuit following a medical error? Are you looking for tailor-made legal support to open your practice specialized in cancer treatment? Macfarlanes LLP provides its teams of experts in health law, business law, criminal law, and corporate law to meet all your needs.

The legal challenges faced by physicians specialized in radiotherapy can impact their career, practice, or civil and criminal liability. Our lawyers have in-depth knowledge of applicable regulations and the specifics of this medical discipline. Whether you are facing contentious proceedings or contractual disputes, we support you with rigor and professionalism.

Law firm dedicated to radiotherapists for the creation and management of a Professional Civil Company (SCM)

Radiotherapists practicing in medical offices or private clinics face specific challenges in corporate law. The legal structures governing their activity must be solid and compliant with regulations to ensure a stable organization. Our lawyers for radiotherapists position themselves as essential experts to assist in the creation and management of civil professional companies.

Why create a civil professional company?

As its name indicates, the SCM belongs to the category of civil companies (SCI, SCP, etc.). It is intended for professionals practicing a liberal, regulated activity or not. This legal structure is frequently used by radiotherapists to pool material and human resources.

Created by the law of November 29, 1966 on professional civil companies, it allows for cost reduction while preserving the independence of each partner. An SCM can be used to acquire equipment, make real estate investments, or hire staff. For example, it can be used to purchase a shared office or recruit a person in charge of secretarial work.

However, its implementation requires special attention to the drafting of the articles of association and the definition of responsibilities. Our team of lawyers dedicated to radiotherapists assists you in structuring your SCM to avoid any future conflict and ensure a fair distribution of obligations.

What are the specific features of a civil professional partnership?

The specificity of the SCM lies in its corporate purpose, which is exclusively the provision of operating resources to its members to facilitate their liberal profession. Unlike other civil companies, it is not intended to carry out a professional activity.

However, each person retains their independence in the exercise of their profession. The partners share neither their clientele nor their income, but contribute only to common expenses. The creation of a Société Civile de Moyens has no impact on the legal status of its members.

What are the substantive conditions and legal formalities for forming a SCM?

The formation of an SCM is subject to flexible conditions and formalities similar to those of other civil companies. A Société Civile de Moyens must be composed of at least two partners, individuals or legal entities, practicing a liberal profession (regulated or not). The professions may be different.

The partners are jointly and severally liable for the company's debts, but without solidarity. Regarding the share capital, no minimum amount is imposed by law. The partners freely determine the capital, with contributions in cash or in kind. Legal formalities include drafting the articles of association and registering the company.

The articles of association must specify the rules relating to:

• the distribution of expenses among partners;
• collective decision-making;
• the admission of new members;
• the transfer of shares;
• the continuity of the company in the event of the death of a partner.

As for the registration file, it must be submitted to the formalities desk managed by the INPI.

It notably includes:

• a registration declaration;
• a notice of incorporation published in a legal announcements journal;
• signed bylaws;
• a copy of the identity document and a certificate of no criminal record for the manager;
• the certificate of deposit of the share capital.

Our lawyers serving radiotherapists draft tailor-made statutes, taking into account your expectations and legal requirements. We ensure the integration of adapted clauses to your specific needs, particularly regarding share transfers, collective decision-making and the management of partners' departures or arrivals. Our experts in corporate law also intervene to formalize agreements between partners, intended to prevent and resolve any potential disagreements.

How does a Civil Means Company work?

The operation of the SCM is defined by its bylaws. The company acquires the material or human resources necessary for its members and makes them available to them. The corresponding costs are distributed among the partners. Management may be ensured by one or more managers, whether partners or not, who may be natural or legal persons. If no manager is appointed, all partners are considered co-managers.

What tax regime applies to Civil Professional Practices?

The SCM is not subject to corporate income tax (CIT). Any profits are taxed directly in the hands of the partners, proportionally to their shares. However, the company has tax obligations, including declaring its results to the tax authorities no later than the second working day following May 1. This declaration specifies income, expenses, and their distribution.

Specialist lawyer for radiotherapists for assistance during ARS inspections

Radiotherapy specialists operate in a professional framework marked by strict standards, designed to protect patients and regulate their practices. These regulations concern both the technical aspects of cancer treatments and the legal and ethical responsibilities of practitioners. Our lawyers serving radiotherapists are health law experts, who effectively intervene in the following situations:

• assistance during inspections by the Regional Health Agency (ARS);
• management of disputes related to diagnostic or treatment errors;
• advice on obligations regarding patient information and consent.

Radiotherapy centers may be subject to inspections by the Regional Health Agency (ARS) or other regulatory bodies. These inspections aim to verify, among other things, the quality of equipment, the safety of procedures, and compliance with health standards. Macfarlanes LLP supports you during these procedures, ensuring that your practice remains compliant with the Public Health Code.

Each radiotherapist must comply with the rules regarding informed patient consent, information on risks, and the maintenance of the medical record. Poor management of these obligations can lead to prosecution for professional misconduct or ethical breach. Our firm of specialist lawyers for radiotherapists provides legal assistance to ensure compliance with these requirements and avoid judicial or disciplinary difficulties.

Lawyer serving radiotherapists for defense in case of medical error during cancer treatment

Radiotherapists are exposed to major legal risks, particularly in the event of allegations of medical error or negligence. These situations can have significant repercussions on their career, reputation, and finances. Understanding the scope of civil and criminal liability is essential to guard against these eventualities.

Our specialist lawyers for radiotherapists intervene at every stage, whether for prevention or defense, to guarantee optimal legal support. Our team in business criminal law offers the following services:

• analysis and management of complaints for professional misconduct;
• defense during disciplinary proceedings before the Order of Physicians;
• representation in case of proceedings before civil or criminal courts.

Civil liability aims to compensate for damages caused by a fault, whether intentional or not. For a radiotherapist, an error in radiation dosage can cause serious harm to the patient. In such cases, a claim for compensation may be brought against the practitioner.

Our firm assesses each situation to determine the share of liability and to represent you effectively, ensuring the protection of your interests. As for criminal liability, it arises when violations of the law are suspected, such as a breach of safety protocols.

This accusation can lead to severe sanctions, including fines or a ban on practicing. Our lawyers for radiotherapists build a solid defense based on an in-depth analysis of the facts and applicable regulations, to reduce penalties and protect your career.

As liberal healthcare professionals, radiotherapists may be summoned before the Order of Physicians to respond to allegations of ethical or professional misconduct. We assist you in preparing your file and effectively ensure your defense during disciplinary proceedings before the competent bodies.