“a medical disaster, a human ordeal”

On June 19, the Besançon (Doubs) public prosecutor’s office opened a judicial investigation against a proctologist for “unintentional injuries”. Several of his former patients are living with serious after-effects following hemorrhoid operations that they consider botched. Mr. Lévy, lawyer for some of the victims, answers our questions.

For several months, or even several years for the most unlucky ones, they have been going through hell. On Wednesday June 19, the public prosecutor’s office in Besançon (Doubs) opened a judicial investigation against a proctologist surgeon from the city of Bisontine, for “unintentional injuries“. Originally, the complaints of twelve former patients of the Franche-Comté polyclinic, aged 26 to 62, who then complained of serious after-effects occurring following a hemorrhoid operation.

As the days go by, the testimonies continue to flow in. From patient to patient, the same story seems to repeat itself. Some have chosen to rally behind Olivier Lévy, a lawyer in Besançon. The latter received our journalists Emmanuel Rivallain and Antoine Laroche this Friday, June 28, to take stock of the case. Interview.

France 3: We have the impression that the cohort of victims is growing. Where are we today?

Me Olivier Lévy : I can confirm this. Initially, our office managed six files. Today, we have increased to 38. In this total, there are still virtual files, let’s be clear. That is to say, in the 38 ex-patients, there are those I have already received and those who have made an appointment with us for a future interview.

They all have this in common: they were operated on by the same doctor?

That’s right. All have undergone operations for hemorrhoids. The practitioner used the same two techniques, with identical consequences for one or the other.

Are you yourself surprised by the number of files?

Yes. I recognize here a virtue in the media dissemination of the affair: it allowed freedom of speech. What surprised me was that the victims felt alone, thought it was only happening to them. There was also undoubtedly a certain modesty, because it touched on personal dignity. But tongues are loosened. Each other began to meet, to realize that they were several victims of the same actions.

Today, I see a medical disaster. I think the term is appropriate for the situation. I would even call it a human ordeal. People are completely destroyed. The last client I had told me straight out: “you saved my life. If I hadn’t spoken to you, I would have ended my life“It’s a kind of renewed hope. Not in relation to their bodies, but in relation to the status of victims that they hope to see recognized.

How did he manage to do so much damage over time without being stopped?

This is one of the questions we ask ourselves. Today, I receive patients from this practitioner every day. And we see that the oldest cases date back to 2016, 2017. I even know that at a certain point, there were complaints filed with the council of the Doubs order of doctors. And I did recover a document of this order, which considers that there is no fault in the medical action of the practitioner in question.

After that, my clients and I ordered no less than four new expert reports. All are charges against this practitioner. I therefore contacted the council of the Doubs Order of Physicians, in the context of four disciplinary complaints.

The opening of the judicial investigation was opened for “unintentional injuries”. Enough in your opinion?

I think that the way in which the prosecutor handled the case is perfectly well-founded. We have the opening of a judicial investigation for the charge of “unintentional injuries”, due to a breach of a particular obligation of caution. You should know that this is a device that requires health professionals. If this obligation is not respected, there may be criminal consequences.

Today, I manage cases on the civil level, in relation to the liability of a practitioner, with harmful consequences for his patients. But we see now, with the opening of the judicial investigation, that there is probably a criminal offence that has been added to the case.

People will therefore go to criminal court. How many are there?

I can’t answer you at the moment. All I know is that when we question the liability of a health professional, we are in a civil situation. The professional will have to answer for his actions in relation to the damage caused.

But I am thinking of drafting a civil party constitution to strengthen the public action of the prosecution. To put it simply, I want to make it clear that my clients are also victims of a criminal offense.

Do you expect more cases?

Yes. To be honest, I don’t know when it will stop. I tell you that for the moment, I have 38 files with potential clients. But on the other hand, I have had numerous calls from victims who expressed their support to me, without wanting to testify or file a complaint. In total, there are more than 50 cases of medical accidents.

Have there never been any alerts about this surgeon’s practices?

When the medical expertise was implemented, I had implicated the Polyclinic of Franche-Comté, where the surgeon works. It was informed of these accidents. But there was a return of preliminary expert report, which exonerated the polyclinic. So today it has no share of responsibility in this affair.

We can still ask ourselves questions. The vocation of the Council of the Order of Physicians is to mobilize when there are public health issues, when there are a plethora of victims, when there is a major problem. In these cases, the body must take radical measures, it must act so that there are no more victims. I do not understand why we do not question ourselves following these accidents. It is extraordinary.

There is today a judicial investigation, so we can think that there will be a system which will prevent the practitioner from practicing. We are in a medical disaster, a human ordeal, I repeat.

What will happen now?

I think of the patients, of my clients. Many of them are living with difficulty today. Physically, they are incontinent at a very young age, and their first failed surgery does not allow for a new operation to repair this. So, there are moral and material costs.

What I expect from the Besançon judicial court, which I will soon be referring to in summary proceedings, is that it implements an expert appraisal and grants my clients a financial provision to help them. Expert appraisals are very expensive, between 4 and 5,000 euros. Their legal protection has so far fully covered them, but some new clients do not have any. Not to mention health expenses.

A conclusion ?

Today, we have 38 almost similar cases. From the moment when the same medical procedure creates the same harmful results, there is no longer any possible doubt. This practitioner does not have the experience to operate, nor the required skills.

He started very, too quickly, after training. He was a urologist before, in the south of France. In 2015, he became a proctologist. And the first accidents started in 2016. He simply doesn’t know how to do it.

According to our information, the opening of the judicial investigation concerns an offense, that of “unintentional injury”. It is a criminal procedure, which follows a first civil procedure, where five files had already been filed. In this case, all operations that took place before June 28, 2018 are prescribed. This is the case for the five files cited above.

A single file, for an operation dating from 2022, is not prescribed. For the moment, no indictment has been issued, and the surgeon concerned can continue to practice freely. New testimonies, legal expertise… Justice is awaiting new elements and considers that the case is only in its early stages.

Contacted by France 3 Franche-Comté, the council of the Order of Physicians of Doubs did not wish to respond to us. The proctologist in question was not able to respond to us before the publication of this article.