The gynecologist of the Tenon hospital specialist in endometriosis Émile Daraï, indicted on November 24 for "aggravated voluntary violence" on 32 patients, will be able to practice again within the framework of private consultations, indicated a judicial source to the AFP.
On January 3, 2022, a judicial investigation had been opened for “violence by a person charged with a public service mission”, a sign of the difficulty in qualifying facts which associate an act of penetration and an alleged agreement between doctor and patient.
Read alsoParis: gynecologist Emile Daraï indicted for “voluntary violence” on 32 women
In a press release sent in November 2022, the Assistance Publique - Hôpitaux de Paris (AP-HP) indicated that the practitioner had been placed under judicial supervision with
"ban on contact with the victims"
and "
ban on holding private gynecological consultations
".
However, he had the possibility of continuing to exercise within the framework of public consultations.
The hospital had then specified to
Figaro
that, during these consultations, a member of the nursing staff was systematically present alongside Doctor Daraï.
The doctor had appealed this decision which prevented him from practicing in the context of private consultations.
He finally won his case on January 18: the investigating chamber of the Paris Court of Appeal overturned the provisions of the order of the investigating judge which prohibited him within the framework of his judicial review from provide private gynecology consultations, a judicial source told AFP, confirming information from France Info.
“Total impunity”
The collective "Stop Obstetrical and Gynecological Violence" has since launched an online petition to demand the suspension of Dr. Daraï, while the investigation is ongoing.
“
We find it crazy that, with 32
criminal complaints, there is no suspension of the doctor in question.
He should no longer be able to exercise the time of the investigations, neither in the private, nor in the public
”, affirms to
Figaro
Sonia Bish, the founder of the collective which also accompanies certain complainants.
“
Of course there is the presumption of innocence, but patients should be heard and the highest health authorities should suspend their doctor if necessary.
This situation is incomprehensible and shows that the victims of gynecological and obstetric violence are not protected.
There is total impunity
,” she says indignantly.
So far, the petition has garnered 18,000 signatures.
Since September 2021, the doctor has been the subject of an internal investigation, opened after certain patients denounced brutal gestures and medical acts carried out without their consent.
Several measures were then taken by the hospital.
In particular, Doctor Daraï had his responsibilities as head of department and head of education removed in October 2021.
He also no longer had the right to supervise clinical internships.
The AP-HP and Sorbonne University had concluded that "
the obligation to inform these patients, the relief of their pain, the respect of their wishes (had) not been respected
".
This document added, however, that "
the commission (of inquiry) does not retain any sexual connotation while certain shortcomings have been noted in the collection of consent to certain gestures
".
Contacted this Wednesday by
Le Figaro
, the AP-HP indicated "
not to comment on a court decision
".