The College of Physicians receives around 4000 complaints or grievances per year. But those for violating the integrity of a person are rare.
On February 20, Dr André Hazout, a gynecologist specializing in in vitro fertilization, was sentenced to eight years in prison for rape and sexual assault on six former patients. During the trial, it was demonstrated that the departmental council of the Paris Order of Physicians had not played its role of guardian of ethics and the interests of patients. In 1988, 1990 and 1996, three letters sent to the departmental council were not followed up. Ditto for a complaint sent in 2004, when the departmental council was obliged to transfer the complaint to the disciplinary chamber of first instance – the regional council of the Order. “At that time there was an obvious lack of departmental advice for Paris,” confirms Dr Patrick Bouet, the current president of the national council of the Ordre des médecins. “Many dysfunctions also led Roselyne Bachelot, the Minister of Health at the time, to dissolve this departmental council at the request of the national council in 2007.”
Could this type of failure occur today? Laws such as the law on patients’ rights in 2002 and the Hôpital Patients Santé Territoires law of 2009 have notified a number of obligations. The Order of Physicians had to reform the handling of complaints and grievances sent by the population.
“We have taken all the necessary measures so that this type of dysfunction can no longer exist and to guarantee the rights of patients”, insists Dr Patrick Bouet. “Very clear procedures have been established. After a complaint, the departmental council is obliged to organize a conciliation in the presence of the complainant and the doctor. And if there is no agreement, the complaint must be sent to the disciplinary chamber of first instance, in other words the regional council of the Order ”. The confrontation is then led by a magistrate, and since 2007, the plaintiffs have been present.
Listen to Dr Patrick Bouet, President of the National Council of the Order of Physicians. ” We have introduced into the public health code the fact that the complainant can be a party to the case debated in the disciplinary chamber, which was not the case before 2007. “
Efforts have been made. But, shortcomings remain according to the Court of Auditors, which in 2012 pointed to a significant proportion of cancellations of decisions taken by the regional council for procedural reasons – still 28% of decisions annulled in 2011. However, the level is improving at the national level since no appeal decision taken by the National Council of the Order has been challenged by the Council of State in cassation.
What are the main grounds for complaints?
The departmental councils receive around 4,000 complaints and grievances per year from the population. “Complaints of bodily harm, such as the case of Dr Hazout, are rare. In four years, from 2010 to 2013 inclusive, we have received 57 complaints for bodily harm, testifies Dr Patrick Bouet. Of these complaints, 6 resulted in an acquittal. Of the 51 remaining, half resulted in a definitive removal from the Order of Physicians, and the other half in temporary prohibitions from practicing which could range from a few months to two years. In fact, the main grounds for complaint that the ordinal authority receives relate to problems around medical certificates, such as death certificates for example. Then come the questions of excess fees, the famous “tact and measure”, problems of waiting time, verbal aggression or refusal of consultation.
Listen to Dr Patrick Bouet: ” We receive a lot of complaints about the drafting of medical certificates “.
What are the penalties when the charges against the doctor are recognized? The range is quite wide. The sanctions range from a simple warning to the definitive ban on practice, in other words the removal from the Council of the Order. “The warning, or admonition, is a minimum sanction, but it is not without consequences,” says Dr. Bouet. “The doctor who has received a warning cannot, or no longer, be an adviser to the Order. Last precision, filing a complaint with the Order of Physicians does not allow the victim to obtain any compensation.
Listen to Dr Patrick Bouet. ” When the facts are serious, the striking off or the ban on practicing for significant periods are the sanctions used most frequently. “
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