Upstream ethical advice
Analysis of sensitive projects in light of the code of medical ethics: communication, partnerships, practice structures, relations with industry, telemedicine.
→ Health · Sub-expertise
The code of medical ethics and the professional-board bodies strictly govern the practice of the healthcare professions: independence, professional secrecy, communication, relations with colleagues and with industry. A disciplinary proceeding may lead to severe sanctions (warning, reprimand, ban from practice). We defend professionals before the professional-board and judicial bodies, and advise upstream.
→ What we cover
Analysis of sensitive projects in light of the code of medical ethics: communication, partnerships, practice structures, relations with industry, telemedicine.
Representation before the first-instance and national disciplinary chambers (CDPI, CNPI): analysis of the grievances, written submissions, oral advocacy.
Handling of patient complaints before the professional board, participation in conciliation, defence where a matter is referred to the disciplinary chamber.
Appeals to the Conseil d'État against disciplinary decisions, challenges to administrative decisions of the professional board (refusal of registration, suspension).
Proceedings before the social-insurance section (disputes relating to the fee schedule and to billing), alignment with CPAM (health insurance fund) audits.
Coordination with any parallel proceedings: criminal (medical liability), civil (compensation of patients), administrative (ARS, regional health agency).
→ Our approach
01
Examination of the notified grievances, analysis of the compliance of the practice with the code of medical ethics, identification of the defence arguments.
02
Choice of the strategy (amicable negotiation, defence before the chamber, appeal), preparation of the factual and legal elements.
03
Representation before the disciplinary chambers, oral advocacy, management of any appeals or cassation proceedings.
04
Any implementation of the decision, professional and wealth-related support of the practitioner, reputational management.
→ Who we help
Defence of a physician facing a patient complaint: conciliation before the commission, defence in the disciplinary chamber if referred, alignment with any civil proceedings.
Ethical clearance of a practice's communication project: website, social media, articles, compliance with the strict rules governing communication by healthcare professionals.
Defence of a practitioner facing a refusal of registration on the professional board's roll, appeal to the national council and then to the Conseil d'État.
Defence against professional-board proceedings linked to a partnership with a manufacturer (DMOS anti-gift rules, transparency): demonstration of compliance, negotiation of a regularisation.
→ Q&A
A warning, a reprimand, a temporary ban from practice (up to 3 years), removal from the roll. The sanctions are imposed by the disciplinary chambers and entered in the file. They may be accompanied by additional measures (publication, training).
A complaint or referral, investigation by the rapporteur, hearing before the disciplinary chamber, reasoned decision. The adversarial principle is respected: the practitioner may be assisted by a lawyer, present arguments and challenge the evidence. An appeal is possible before the national chamber and then the Conseil d'État.
Secrecy is enforceable against third parties but may be lifted for the practitioner's defence in disciplinary proceedings (case law). The balance is delicate: it requires weighing patient protection against an effective defence. A specialised lawyer is essential to manage these issues.
A ban from practice (temporary or permanent) prevents professional practice for the period imposed. A warning or reprimand does not prevent practice but affects the ethics file and may weigh on later decisions (insurance, contracts, agreements).
→ Go further
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