Le Figaro Nantes
He claimed nearly a million euros: 976,000 euros to be exact.
He has, for the moment, obtained 61,376 euros in compensation according to a judgment of the administrative court of Nantes rendered on Wednesday, December 21.
A 30-year-old, victim of total removal of the penis after a medical error, decided to appeal the decision condemning the Nantes University Hospital for
“wrongful breaches likely to engage the responsibility”
of the health establishment.
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To arrive at this total, the administrative court determined an amount for each damage suffered: 12,000 euros for the "suffering endured", 16,000 euros for the "permanent functional deficit" and 31,500 euros for the "sexual damage".
A calculation that does not suit the victim at all.
"I would not allow them to humiliate me
," he explained to his lawyer while assuring him that he would win the appeal.
Reimbursement with the CPAM
The judgment of the administrative court indicates that the Nantes University Hospital will also have to pay 36,934 euros to the primary health insurance fund (CPAM).
A sum intended to cover hospitalization costs, medical expenses and daily allowances paid to the victim.
“Social death” and “psychological death”
“
The administrative magistrates considered that the penis of a 33-year-old man is not worth more than 61,000 euros and that his physical and psychological suffering should only be compensated within a strict framework.
The State can think of replacing them with robots or software which will apply the nomenclatures of compensation pre-established by enarques
”, slashed its representative, Me Georges Parastatis, with
Figaro
.
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Referring to the
“social death”
of his client following this error, the lawyer denounced
“the absence of intellectual freedom”
of the magistrates in an
“atypical”
file .
"
This man suffered a first psychological death by medical malpractice and a second today by this disparaging judgment for human dignity
", he added.
He hopes that
“the Court of Appeal will look at this case in a more humane and not intellectually rigid way”
.
Skin cancer on the penis
To understand the story judged by the Nantes administrative court on Wednesday, you have to go back a few years ago.
In 2014, the then 30-year-old man discovered that he had skin cancer on the penis.
A medical intervention is then scheduled at the University Hospital of Nantes.
The urologist in charge removes the tumor while aiming to limit the removal of the penis as much as possible.
Except that the carcinoma (a type of skin cancer, editor's note) will continue to spread thereafter, causing severe pain in the sexual organ of the thirty-something.
In June 2017, a doctor will perform a total removal of the penis.
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According to a later medical report, the Nantes urologist made a mistake during the curettage of safety curettage by not having removed all of the cancer cells from the patient.
An analysis taken into account by the administrative court.
In the judgment rendered, it is thus mentioned that the error caused the patient to lose
“a 70% chance of avoiding a recurrence”
and that this
“led to total removal of the penis”
.
