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The e-mémoires of the Académie Nationale de Chirurgie

Criminal liability of the surgeon: particularities and intricacies with other responsibilities

Cécile MANAOUIL | OJ Olivier JARDÉ | CK Céline KLEIN

Seance of wednesday 08 january 2025 (Consultants et Experts)

DOI number : 10.26299/0npm-wn58/emem.2025.01.01

Abstract

The criminal liability of a surgeon is distinct from civil or disciplinary liability. The modalities of conducting expert evaluations vary depending on the context, which directly impacts the protection of the rights of the parties involved. The criminal expert report is primarily based on the examination of the case file. The expert analyzes the materials provided by the investigating judge, including the original seized medical records, reports from police or gendarmerie officers, and the statements of the interrogated individuals. The comparison of interrogation transcripts of healthcare professionals provides valuable insights into the role of each person involved.
Expert evaluations can be conducted solely on the basis of documents, without the expert meeting the surgeon implicated or even the individuals who filed the complaint. However, recent legislative developments have improved access to case files in criminal proceedings, allowing the accused surgeon to better prepare their defense.