The Council of State canceled, Monday, May 30, the temporary ban on practicing medicine imposed by the order of doctors on a child psychiatrist from Toulouse who had reported suspicions of abuse to a juvenile judge.
This case illustrates the legal uncertainty in which doctors find themselves who report suspicions of abuse or incest, who can be prosecuted by the Council of the Order and by the parent suspected of abuse.
The Dr Eugénie Izard was sentenced in December 2020 to a three-month suspension from practicing medicine for having made a report to the juvenile judge – and not only to the public prosecutor – concerning an 8-year-old patient she was following.
Still prosecuted for “interference in family affairs”
Presuming mistreatment on the part of the father, the child psychiatrist sent a first report in October 2014 to the public prosecutor, then a second report in March 2015 again to the public prosecutor, as well as to the children’s judge responsible for the protection of the little girl. The father of the child had sued, in 2015, the child psychiatrist before the Council of the order. She was sanctioned, in December 2020, for violation of professional secrecy and for “interference in family affairs”.
“The only circumstance that this report was sent to the juvenile judge (…) cannot, on its own, when the children’s judge was already seized of the situation of this child, characterize a breach “ to the public health code, says the Council of State in its decision on Monday. “The decision of December 10, 2020 of the National Disciplinary Chamber of the Order of Physicians is canceled” and “the case is referred to the national disciplinary chamber of the order of doctors”he continues.
“We doctors need to report our suspicions of abuse to the child protection judge”reacted the Dr Izard, saying to himself ” satisfied “ on this point. “But I am still likely to be convicted of interfering in family affairs, being accused of having supported the mother to have abuse recognized”she says.
Some 160,000 children are victims of sexual violence, mainly incest, each year in France. Subject to medical secrecy, risking disciplinary proceedings, doctors are at the origin of only 5% of reports of mistreatment of minors. The Independent Commission on Incest and Child Sexual Abuse (Ciivise) called at the end of March to protect doctors “protectors” disciplinary proceedings.