The prosecution had requested a year of suspended imprisonment and a ban on an exercise lasting one year, which have not been selected.
MO12345LEMOND With AFP
A surgeon who had posted an x -ray of the arm of a survivor of the Bataclan attack on a site for the sale of digital objects NFT was sentenced on Wednesday November 30 by the Paris court to pay 5,000 euros to the complainant. The court did not follow the requisitions of the prosecution, which had requested at the hearing on September 28 a year of suspended imprisonment, a fine of 15,000 euros and a ban on an exercise of a duration of a An for Professor Emmanuel Masmejean, renowned orthopedic surgeon.
The defendant was sentenced to a penalty-repair sentence, to be carried out within six months, after which he will be liable to two months’ imprisonment if the sentence is not executed. No ban on exercising, even temporary, was pronounced against the surgeon, because it would have been “disproportionate and unsuitable”. “He does not deserve to be condemned to a social death,” insisted the president.
Neither Professor Masmejean nor the complainant were present on Wednesday in court. On sick leave and suspended by the AP-HP, the surgeon had appeared before the order of doctors on September 29 and the decision of the body is “still pending”, according to his lawyer, Ivan Terel.
“A very politically correct judgment”
He was accused of having published at the end of 2021 on the American site of NFT OpenSea – which has 20 million users, according to the court – a photo of the radio of a woman injured in the room Bataclan concert during the attacks of November 13, 2015, which he had operated. The shot presented a forearm pierced by a Kalashnikov ball, accompanied by a comment indicating that “this young patient” lost her boyfriend in this attack “,” elements of the patient’s privacy “.
The surgeon, officiating at the European Hospital Georges-Pompidou, in Paris, was prosecuted for violation of medical confidentiality, diversion of the purpose of processing of personal data and voluntary illegal disclosure of personal data harmful .
The court recognized the guilt of the defendant on the facts of violation of medical confidentiality, but did not consider as demonstrated the offenses linked to personal data. “It is a very politically correct judgment,” said the France-Presse Elodie Abraham agency, lawyer for the victim. “We have a surgeon, well in all respects, and that does not bother anyone that there is such a blatant violation of medical confidentiality. It is not a very good message for doctors” in terms of ethics, A -Is it estimated.