Grenoble surgeon: a new complaint filed for "aggravated scam"

A new judicial front is opening in the case of Doctor V. The family of a deceased patient lodged a complaint last week for "aggravated fraud" against the Grenoble orthopedic surgeon, their lawyer said, confirming RTL information and of the Parisian . He has already been indicted last month for "unintentional homicides and injuries" on 74 patients. Noël Jacquier, 73, retired, is one of the two patients who died after being operated on by the surgeon. The septuagenarian had to have his right leg amputated after a back surgery at the end of 2017. He died of a generalized infection 57 days later. "We regret having had to file this new complaint ," said Me Hervé Gerbi.I would have preferred that the prosecution take the initiative. The ball is now in his court. ”

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If justice has already initiated proceedings against Doctor V., the Jacquier family wants the prosecution to look into the financial aspect of the case. According to their lawyer, the practitioner had, directly or indirectly, an interest in the development of spinal surgery, of which he is a specialist. "Why did Doctor V. perform four times more procedures than other specialists?" This is a question that the prosecution must ask, ” says Hervé Gerbi. Before emphasizing: " He filed for patents and received royalties from an implant company with which he worked." To believe it, the surgeon had also invoiced an overrun of fees of 912 euros to Noël Jacquier. "He returned the check after his death without even addressing a word to the family of the deceased, " says the lawyer.

We must not then reproach the surgeon's judicial reply against the plaintiffs when the courts clear him.

Faced with this new complaint, Me Bernard Boulloud, counsel to Doctor V., said he was serene "as to the (favorable) outcome of this one" . “The investigations will very quickly make it possible to demonstrate that the practitioner has never received any royalties on the implants placed by himself or by his colleagues in the establishments in which he practiced. He legally only received the royalty as an inventor; which is perfectly legal. This complaint is therefore slanderous, ” says the lawyer. He is surprised at the procedure chosen by the lawyer for the Jacquier family and insists on respecting the presumption of innocence from which his client should benefit. "We must not then reproach the surgeon's judicial reply against the plaintiffs when the courts clear him" , he adds.

Doctor V. is suspected of having carried out multiple unjustified or even seriously disabling operations. A preliminary investigation was opened in June 2019 on the basis of a report from the Primary Health Insurance Fund (CPAM) recognizing breaches in 54 cases. The latter criticized the doctor for having sometimes operated without having all the necessary elements, for not always having properly informed his patients, for not having carried out quality operative follow-up, and above all for not providing convincing explanations. in around 30 cases related to postoperative complications. In January 2019, the National Council of the Order of Physicians also suspended him for three years, including 18 months suspended, and requested the payment of 35,302 euros to the CPAM.

The Grenoble surgeon disputes the conditions under which the Health Insurance investigation was conducted. Dr V. filed a complaint against X in April 2019, in particular for "forgery and use of forgery", "witness tampering", "expert tampering", "violation of professional and medical secrecy". “This procedure is for its part, curiously still in preliminary investigation, astonished Me Bernard Boulloud. Under these conditions, I was instructed to seize this week the Dean of the examining magistrates of this complaint of the surgeon against X whose purpose will be to demonstrate under what conditions this investigation of the CPAM was carried out. " Me Hervé Gerbi also lets it be known that if the public prosecutor does not follow up on the complaint of his clients and does not issue a supplementary indictment, the Jacquier family will become a civil party before the investigating judges.