The Order of Physicians sentenced Dr Raphaël Moog to a 3-year ban on practice, two of which were suspended, holding him responsible for the death of a 15-year-old boy.
-1507299616.jpg "Medical error: surgeon suspended after death of teenager")
The facts date from September 21, 2008. After a fall from a bicycle, Maxime Walter, a 15-year-old Strasbourg teenager, suffered from internal bleeding and a ruptured spleen, which had to be removed. But the surgeon in charge of Maxime was too late. Dr Raphaël Moog, now 49 years old, did not decide to operate until 24 hours after the accident. The teenager did not survive.
An expectation that the Order of Physicians condemns. Believing that the surgeon “deprived him of any chance of survival”, she sentenced him to a 3-year ban on practice, two of which were suspended. For one year, he will therefore be suspended from all medical activity.
Double conviction
The disciplinary chamber of first instance of the Burgundy Regional Council of the Order of Physicians, which handled the case, is not kind to Dr Moog. She underlines her “professional insufficiency”. She blames him for his absence from the patient, thus preventing him from having “all the means to take the appropriate therapeutic decision”.
In 2015, he had already been tried, in criminal proceedings. The Strasbourg criminal court had convicted him of manslaughter. He then received a one-year suspended prison sentence. A heavier sentence on appeal, to fifteen months still suspended.
A rare event
The Order of Physicians has, among its missions, an obligation to ensure “the maintenance of the principles of morality, probity and dedication essential to the practice of medicine and to the observation by all its members of professional duties as well. that of the rules enacted by the Code of ethics ”. The Order’s jurisdiction is responsible for sanctioning any breaches of these principles.
The complainant can be an individual, an association, a doctor, an institution (health insurance, URSSAF, etc.) or an authority (regional health agency, ministry, public prosecutor, etc.). The condemnation cannot be material.
The condemnation of the Order of Physicians is not common, especially of such a magnitude. In 2015, only 9 prohibitions to practice between one year and three years – possibly accompanied by suspension – were pronounced on appeal, out of 261 procedures, according to figures communicated by the Order of Physicians to Why actor.
Dr Moog is now an employee of the Strasbourg Civil Hospitals, in the pediatric visceral surgery department. Its sanction will be implemented from 1er December 2017. He has 30 days to appeal the decision.
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