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Sanction for medical negligence On January 11, 2018, the Aix-en-Provence Court of Appeal issued a judgment sanctioning a doctor for having neglected to carry out appropriate examinations on a patient, which ultimately resulted in the patient’s sterility . In response to this judgment, an expert lawyer specializing in personal injury cases in France and Luxembourg will comment on the judgment .
Background and details of the case:-
The facts in question took place on December 7, 2009, when a man went to the emergency room of the Laveran hospital in Marseille, complaining of severe pain in his genitals. Unfortunately, he was sent home without having received the necessary operation. The pain persisted and he returned to hospital in February, where a GP suspected inflammation rather than torsion. The doctor performed an abdominal ultrasound and sent the patient home. Eventually, the young man was admitted to the hospital and underwent surgery on February 19, 2010, after the hospital detected an old torsion on the right testicle and a recent one on the left. This operation took place almost two months after his first visit to the hospital.
Legal analysis and implications:-
It is widely recognized that immediate intervention is crucial in cases of testicular torsion. Unfortunately, the man had to have his right testicle removed, while the left testicle completely atrophied, eliminating any chance of him becoming a father in the future. Faced with the moral and bodily harm perceived and the loss of opportunity, the man took legal action and obtained a conviction against the doctor before the Tribunal de Grande Instance of Marseille. However, the doctor appealed the decision, arguing that it had not been shown that the left testicle could have been saved.
The Court of Appeal of Aix-en-Provence concluded that if a diagnostic error does not necessarily constitute a fault, the fact of not carrying out sufficient examinations does. The expert named in the file was able to establish that additional examinations should have been ordered, and given that the young man had gone to the emergency room several times, it was reasonable to believe that his left testicle could have been saved. Consequently, the doctor was ordered to compensate the victim in the amount of 192,920 euros.
This case illustrates the growing importance of medical law, as people suffering from circumstances similar to those of the young man described here can claim compensation for physical and moral damages. If you find yourself in a similar situation, do not hesitate to contact the Maître DAMY law firm , which specializes in this area. Over the past thirteen years, they have handled many cases ranging from simple testicular torsion to cases resulting in the death of a patient .
