A year of ban to exercise required against surgeon who wanted to sell radio of an injured patient

Wednesday, September 28, the prosecution also required a year of suspended imprisonment and 15,000 euros fine.

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Of course, Emmanuel Masmejean “deeply regrets”. Really, he’s “sorry”. Obviously, he presents his “apologies” to his patient. But, there is a but “. And at the helm of the Paris Criminal Court before whom this professor of medicine, hand surgeon at the Georges-Pompidou hospital appeared on Wednesday September 21 and Wednesday, September 28 for “violation of professional secrecy” and “use of personal data” bearing Achievement of privacy intimacy, this “but” takes up so space that contrition is drowned under attempts at justification.

On January 21, 2022, this 59-year-old man put on sale on two American sites, Opensea and Showtime, the photo of the radiography of a forearm pierced with a Kalashnikov ball, from the medical file of a Bataclan survivor. The legend specified that between November 14 and 15, 2015, he “personally operated five women”, including “this young patient, who lost her boyfriend in this attack”. The starting price of the shot was set at 2,776 dollars, accompanied by the mention “Hope you like it!” (“I hope you enjoy”).

Revealed by Mediapart, the case had immediately launched an investigation followed by a complaint from the Public Assistance-Hospitals of Paris (AP-HP), as well as a report to the Order of Doctors, which temporarily suspended the surgeon from his functions. The patient, who was unaware of this sale, had tabled a few weeks earlier at the trial of the attacks of November 13, 2015 before the Paris Special Assize Court.

“something educational”

“I made bullshit, an error, a clumsiness. But I did not intend to harm anyone,” said the defendant in front of the court. This is, he explains, following a discussion with his son, founder of Showtime in California-a site that tries to find a place on the digital market for cryptographic collectibles and non-fungible tokens (NFT) – that he would have accepted the posting of a shot to testify to “what marked [his] career. A Kalashnikov ball is perhaps unhappy to say, but that speaks. And for me, the Bataclan was public … “

With the same vigor, he ensures that he “respected the ethical rules of a publication, the radio was anonymized”. The president is surprised, reminds her of the details made in legend. The surgeon persists: “The victims were mainly young and many lost a companion” in the attacks. Above all, he says, “I was not aware that this approach could be felt as a sale”-despite the explicit mention “for dirty, buy now!” (“For sale, buy now!” ) who appeared on the site -, “but I am a Beotian in terms of NFT”. To his former patient, sitting a stone’s throw from him, he renews his apologies, while ensuring that it was necessary to see in his approach “something educational”.

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/Media reports.