Specialist lawyer in medical error to establish the doctor's liability

Are you a victim of medical harm and wish to initiate proceedings before the Conciliation and Compensation Commission (CCI)? Are you considering legal action or disciplinary proceedings to defend your rights, or are you a healthcare professional facing a threat of removal from the register? Contact our specialized medical liability lawyers to ensure the best protection of your interests.

Our firm works with victims of medical harm as well as with healthcare establishments and professionals. Whether you are a doctor, dental surgeon, midwife, dietitian, nurse, or nursing assistant, we help you build a solid file to ensure your defense during proceedings. Thanks to the experience of our health law lawyers, we offer you tailored assistance to protect your rights and preserve your career.

Lawyer for medical liability: procedure before the CCI

Medical liability is based on the obligation of health professionals to compensate for damage caused by improper performance of a care contract. This contract imposes on the doctor an obligation of means, meaning he must provide conscientious, attentive care consistent with current scientific knowledge. In the event of a breach, notably due to technical fault, diagnostic error or failure to inform, his liability may be incurred.

These situations often lead patients or victims who wish for liability to be recognized and their injury compensated to refer the matter to the CCI (Conciliation and Compensation Commission). Established by the Kouchner law of 2002, it allows patients who are victims of a medical accident to seek an amicable solution. Accessible free of charge, the CCI examines cases as long as the injuries meet certain severity criteria. If these criteria are met, a medical expert assessment is organized to clarify the situation.
This allows for an opinion on liability and, if applicable, a compensation proposal. This process is often a faster and less costly alternative to legal proceedings. However, it is advisable to be assisted by your lawyer specializing in medical liability, not only for the success of the procedure but also for fair compensation. At Macfarlanes LLP, we support victims at every stage of this procedure.

We advise you on the preliminary steps and help you put together a complete file, including all the necessary elements to demonstrate the severity of the harm. In addition, our experts represent you during exchanges with the CCI, ensuring that your rights are fully respected. Our firm also intervenes for professionals and healthcare establishments implicated in proceedings before the CCI.

We defend your interests by meticulously analyzing the elements of the file and highlighting often complex aspects, such as the pre-existing condition of the patient. When damage is alleged, it can be difficult to determine whether it results directly from the care administered or from a pre-existing state of health.

Specialist lawyer in medical liability: legal action

When legal action is taken in the context of medical liability, careful preparation and appropriate support are essential. Indeed, our lawyers specialized in medical liability matters are available to assist victims as well as the professionals involved. Our primary role is to analyze the medical file in order to assess potential faults and identify the best strategy to adopt.

We often adopt amicable solutions for effective, fast, and less costly results. If a public institution is involved, we can assist the victim in an attempt at amicable settlement before referring the matter to the administrative court in case of failure. For private institutions or liberal health professionals, we also favor an amicable approach before initiating proceedings before the judicial court.

However, when a liberal professional must appear before a court, we ensure their representation before the courts. In this type of procedure, the medical expert assessment is a decisive step to establish the facts and assess responsibilities. Indeed, we accompany our clients during this key phase, actively participating in medico-legal discussions and exchanging relevant observations with experts and other parties.

Our goal is to guarantee impartial expertise by ensuring that every element in our client's favor is taken into account before the final conclusions are submitted. We do everything possible to offer you personalized and rigorous assistance. We advise you at every stage, from the initial analysis of the file to the final pleading in order to secure your interests and maximize your chances of success.

Specialist lawyer in medical liability: disciplinary procedure

If you believe that a healthcare professional has committed a fault subject to a sanction, you have the option to refer the matter to the Order to which they belong. This may be the Order of Physicians, Pharmacists, Dental Surgeons, Midwives, Physiotherapists, or Nurses.

This procedure aims to have a disciplinary fault recognized and to obtain a sanction, in particular:

• a warning;
• a reprimand;
• a temporary ban on practicing;
• a removal from the register.

It is important to note that the professional disciplinary procedure does not allow for compensation for damages suffered. Moreover, if your request is rejected, you will also have to bear the procedural costs incurred by the opposing party. Furthermore, if criminally punishable acts are involved, such as endangering the life of others or involuntary manslaughter, you can also initiate criminal proceedings.

This more restrictive procedure can lead to judicial sanctions for the person responsible and the award of damages. In the first case, although a lawyer specializing in medical liability is not mandatory, their involvement is an essential asset for preparing a solid case and effectively defending your interests. This is why our law firm provides you with experienced specialists to support you throughout the procedure.

Our experts draft the necessary documents, analyze the evidence for and against, and develop a strategy adapted to your situation. During hearings, we ensure your representation with professionalism, ensuring that your arguments are presented clearly and persuasively. We also assist you in the context of medical expert assessments, often decisive in this type of procedure.

Our role is to ensure that the conclusions of the expert assessment are objective and consistent with the facts, advising you at every stage. You will also be kept informed of the progress of your case, as we prioritize transparent communication to enable you to make informed decisions. Whether you are the one filing the complaint or the one being accused, we offer a tailored service adapted to the specific issues of each case.

Specialist lawyer in medical liability: defense in case of revocation

The striking off of a health professional represents the heaviest penalty provided for by the Public Health Code. It entails the loss of the right to practice, often due to serious ethical breaches:

• harm to health or death of a patient;
• flagrant violations of medical confidentiality;
• violence or abuse, etc.

This sanction constitutes a real upheaval for the professional concerned, both personally and professionally. However, an appeal may be lodged before the National Disciplinary Chamber (CDN) of the Order, chaired by a member of the Council of State. This appeal temporarily suspends the application of the sanction, except in cases of urgency. Under Article L.4113-14 of the CSP, immediate suspension may be ordered if the professional's continued activity exposes patients to serious danger.

In this case, the doctor must be heard in court within three days. Furthermore, if the appeal is rejected or new elements arise, it is possible to file a petition for review, an exceptional procedure allowing the case to be re-examined. Finally, an appeal in cassation may be lodged before the Council of State, ensuring an in-depth analysis on points of law. These appeals provide additional avenues to challenge an unjustified removal.

Each step of these procedures requires rigorous preparation to maximize the chances of success. Indeed, our lawyers specialized in medical liability issues offer you tailored support. We intervene to draft the necessary documents and represent you during hearings. Whether it is to challenge the decision, contest the fault or plead for a sentence adjustment, you can count on us.

We are able to identify any weaknesses in the initial decision and build an appropriate strategy. Our commitment is based on a complete and rigorous defense. Thanks to our knowledge of criminal law procedures and competent authorities, we help you preserve your rights and react effectively to unfair or disproportionate decisions.