Doctor Hervé V., a Grenoble surgeon accused by dozens of patients of having missed their operation, was indicted for "homicides and involuntary injuries" by the two investigating judges in charge of the file. The doctor, who specializes in back operations, was placed under judicial supervision with the ban on practicing his profession. According to a source familiar with the matter, 75 patients have filed complaints to date. In June 2019, when the judicial information was opened, the Grenoble public prosecutor's office had identified "only" 27 complaints. In a year, the judges therefore saw the arrival of many other plaintiffs.
This indictment is perceived as “a great relief” by the surgeon's lawyer, Me Bernard Boulloud: “With my client, we have been asking for this indictment for a year to have access to the file and allow him to defend himself. Because until now, he couldn't do it. He was indeed bound by medical confidentiality and therefore could not speak. From now on, he will be able to produce medical documents which will contradict the complaints of certain patients, ”insists Me Boulloud.
PODCAST. The incredible story of the "horror surgeon"
In 2019, the council of the order of physicians had suspended Doctor Hervé V. for 18 months following an initial investigation by the Isère primary health insurance fund (CPAM), which revealed 54 suspicious files over the years 2013-2014. Including 30 patients victims of sequelae or disability following their operation.
The council of the order of physicians then pointed out “extremely serious breaches and gravely faulty behavior contrary to the obligations which are imposed on any doctor. "The surgeon was particularly criticized for" a lack of information for his patients before the operation, unjustified operations, operating techniques that did not comply with the recommendations for good practice, a lack of postoperative follow-up that led to complications ".
His lawyer questions the motivation of the complainants
In April 2019, several patients of Doctor Hervé V. (some of whom are now in wheelchairs), defended by their lawyer Me Edouard Bourgin, had testified in the press about their suffering but also their anger towards the doctor. Many other patients, who also considered themselves victims of the surgeon, had made themselves known. Today, there are therefore 75 of them to have taken legal action. "It is not the number of complainants that determines the responsibility or guilt of a person. My client is even more presumed innocent today than yesterday. And I will do everything to uphold his presumption of innocence, which has long been trampled on following the media uproar that this affair caused, "warns Me Bernard Boulloud.
The lawyer goes so far as to question the motivation of certain complainants, referring to “greed” and “complaints of financial opportunity”, alluding to future claims for compensation. For the lawyer, “we will now have to demonstrate the causal link between the injuries complained of by the alleged victims and the surgeon's interventions. We are confident. The expert opinions that the judges will provide will show that for most of these complaints, it is a breeze. Certain expertises have already cleared my client's customs. Particularly vis-à-vis patients who had gone to complain on the TV sets, "says Me Boulloud.
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The surgeon lives very badly the multiple questionings of which he is the object. “He is followed on a psychological level. He received death threats. Today, he would be unable to resume his activity. But despite his condition, he intends to collaborate with the justice system and defend himself on each case, each patient case, ”explains his lawyer.
"Today, I still suffer martyrdom"
As for the alleged victims, we welcome the doctor's investigation: "This proves that things are moving forward and we are being listened to" confides Lise (her first name has been changed) , operated on her back in 2012 and 2013, and who filed a complaint against the surgeon. “I have faith in justice. 75 complaints is a lot. An error can occur, two also. But 75 ... Today, I still suffer martyrdom. They are pain almost 24 hours a day. I can no longer sleep, take care of my daughter. My life is a nightmare, a hell. I now await responses from the justice system. Even if the education can still last for years ”.
Two patients of the surgeon, Christophe Fuselier, 46 and Noël Jacquier, 73, have died to date. This explains why he was also charged with "involuntary homicides".
