medical complaints in France

[Swissie]

Does anybody have any idea of the process for medical complaints. Is there really no equivalent of the GMC in France.

A friend had to have a hip replacement in France a couple of years ago. A year later, when just walking, the new hip suddenly gave way. It turned out that the prostesis had broken! Ensued a big op to replace it - not easy as the bone was fragile because of first op, etc. Since then, a lot of pain, a leg shorter than the other, etc. Friend asked surgeon to get a report from Manufacturers to find out why it had broken. Nothing- and asked again and again. Got solicitor to write to Manufacturer to request report/expertise. Refusal! The Director of the hospital then made a request for same - nothing. Initially friend only wanted to know what had happened, but now is is very angry and wants redress - but is reluctant to employ big time lawyer due to finances. What can he do? He is thinking about going to the Anglo/French press. Any advice really appreciated.

[Swissie]

What would you do if something like that happened to you in France?  It's an appalling position to find oneself in. Any advice really appreciated. Merci.

[velcorin]

Have you tried the local CLCV? http://www.clcv.org/sos-juridique.3835.0.html

[Russethouse]

 I'm not sure why you think anyone here would know ? The liklihood is that they don't.....are there not medical forums where you ask ?

[velcorin]

Another thought. If it is a multinational you could take action against the company in another country, eg the UK. (At least the legal system is cheaper, quicker and (I'll be generous!) less political). A French court would have jurisdiction, but it could be interesting to get the company to react by having to get the case thrown out of the UK court.

If it's a French company, try a letter to the PdG. If you PM me, I'll get his (it WILL be a him in France!) name and address.

[Swissie]

Thank you kindly Vercorin - I will pm you later. Very kind and a brilliant idea to put pressure on the UK side. MERCI. Is it not incredible though, that a Company could just ignore or refuse to act upon, several solicitors letters and a request from the Hospital Director and the surgeon? This would just be impossible in the UK. I am almost sure they will eventually say that they have 'lost' the expertise and 'mislaid' the prosthesis.

RH- Don't quite know how to interpret your comment. Most questions about France are kindly answered here by one person or other, with or without relevant experience, in a friendly manner. Why should this one be any different? I'm afraid I do not know of French medical websites, nor have access to them.

[Swissie]

Hi Velcorin - the company is   ATF Laboratoire   191  rue des Métaux  74970 Marignier     

Many letters have been sent already, by the patient, his solicitor and the Hospital Director- and the surgeon has talked to them on several occasions.

I must try and find if they have a 'subsidiary' or representative in the UK - I think I looked on Google already a few months back. Will try again. thanks for getting his name (surely there must be 1 or 2 female PDGs in France??).

It seems that RH is not very well disposed towards me - but c'est la vie.   Merci mille fois    Odile / Swissie.

[cooperlola]

deleted

[Russethouse]

[quote user="Swissie"]Thank you kindly Vercorin - I will pm you later. Very kind and a brilliant idea to put pressure on the UK side. MERCI. Is it not incredible though, that a Company could just ignore or refuse to act upon, several solicitors letters and a request from the Hospital Director and the surgeon? This would just be impossible in the UK. I am almost sure they will eventually say that they have 'lost' the expertise and 'mislaid' the prosthesis.

RH- Don't quite know how to interpret your comment. Most questions about France are kindly answered here by one person or other, with or without relevant experience, in a friendly manner. Why should this one be any different? I'm afraid I do not know of French medical websites, nor have access to them.

[/quote]

Swissie, as you speak French no doubt you could do what many others do on countless occasions to help others out - Google [:)][:)]

Frankly the tone of your second post struck me as a little stroppy, after 24 hours, why hasn't anyone answered ?

Wonderful and knowledgeable as the forum seems, sometimes forum members just don't know...

Glad Velcorin was able to give you a lead.

[Swissie]

Nothing stroppy at all about my second post - just sent 2nd message to put it up to top again. And indeed, I am sure that anybody who finds him'herself in such a dreadful position would be most grateful for any help. I've Googled and Googled, in French and English - I can assure you- but what it clear is that the situation in France is NOT clear at all! I've translated letters which have been sent - to no avail.

I cannot remember another member being told to go away and just 'Google it' - which could apply to most things, from recipes to insurance or immo info. Surely, finding and sharing info and support is what this forum is about, as well as sharing (and yes, even at times, disagreeing) opinions and ideas. A pity some can't let bygones be bygones, perhaps.    Have a good Summer.  Swissie

[Russethouse]

 OK then not stroppy, but to post a second time to your own thread just 18 hours after the first post

 ' What would you do if something like that happened to you in France? 

It's an appalling position to find oneself in. Any advice really

appreciated. Merci.'

struck me as tad impatient, especially considering the (hopeful ) rarity of this type of issue and the fact that as a native speaker you are probably better placed to find the info than probably 60% of this forum.

A pity some can't let bygones be bygones, perhaps.

What does that mean ?

[Patf]

If you google you will find quite a bit about complaining about hip prostheses in the UK. Here is one: (if it doesn't work it means I still haven't learnt how to do it on this forum)

http://www.leighday.co.uk/news/news-archive/defective-hip-prostheses-exploring-the

[Patf]

Did someone wave a magic wand? if so thanks. If not, success at last!

[Russethouse]

 I waived my wand :-)

See my PM in 5 mins or so [:)]

[Swissie]

Patf, thanks for that link. In the UK, it is relatively easy to make a medical complaint- which has to be dealt with by the GMC, etc. But in France it seems much more tortuous.

Many letters have been written to the manufacturer to request results of the expertise - by patient, by solicitor, by surgeon, by Director of Hospital - but to no avail. It seems that as the manufacturers are not Health professionals, they do not have to give results of expertise. That seems incredible. There is also no 'no result, no fee' system, so the patient is very reluctant to engage in long and expensive procedure - very understandable. Personally I have much experience of the UK system- and to some extent the Swiss medical set up- but none of the French - hence my question here- to help a British retiree who is at the end of his tether- and would be so grateful for any help/advice. I am so sorry if my second message sounded impatient. I sent a second message to push it back up to the top- in hope - as he needs prompt advice prior to having an appt. with the surgeon soon. Merci Patf.

[mint]

What a horrible position for your poor friend to be in, Swissie.  Alas, even if he gets to complain, it'll be aeons before he gets any answers, never mind satisfaction.

[Swissie]

He has been trying to get the results of the expertise on the faulty prosthesis for a year now - zilch, nothing. Which is why I was hoping somebody here might have experience, knowledge, advice - or all 3- after much research, Googling (wouldn't dream of asking here if we hadn't done that first - although many many do - without being told to go away and Google- but never mind) solicitor, translating letters, etc, etc. The thing is, at first, all he wanted was to understand why the prosthesis had broken - but know, he is angry (as well as in constant pain) - and wants proper redress.

but can you imagine anything like that happening in UK? Mistakes are made, as everywhere- but no Surgeon and Manufacturer could get away with a refusal to give relevant info. It is appalling.

[Russethouse]

 What have you googled ?

 How about the French equivilent of the name of the hip manufacturer followed by reviews/complaints/ patients group etc ?

Failure of hip replacements in France etc etc ?

Patients groups for hip surgery etc

Just ideas.....if the manufacturer is at fault it seems unlikely that your friend would be the only one complaining....

[lisa]

Hi, I have just been through a procedure for a medical complaint , all I can say is that you need to get a good lawyer. the doctors will do anything to throw the fault on any body except themselves, it has taken 5 years to sort our problem out and at the beginning we tried to sort it out with the doctor in question, he threw the blame on everyone else( us included!!) so we went to see a lawyer . For the expertise it is the lawyer who requests this through the courts , the 'victim' pays for this to be done and claims it back if he or she wins. We paid 600 euros for this to give you an idea of the price. just remember this is france not england and the doctors etc will do anything to wear you down and give up so you drop the complaint.

Also I doubt you will find much on the internet as we tried this also before getting a lawyer,

Hope this helps

[cooperlola]

Can't his top-up insurer advise?  Assuming that they'll have to cough up for additional treatment as a result of the failure, then I would have thought it would be worth their while to help out, even with legal expertise.

[Clarkkent]

Hi Swissie

Does the company claim to be ISO9001 certified? This is a standard for service quality and requires certified firms to give commitments about the way they behave with respect to customers, enquirers, complainants etc.

If it is certified, you could ask the chief executive/chairman whether or not he is complying with his stated standards and how he would like it if you made a formal complaint to his ISO9001 validating organisation?

My guess is that the firm will be certified because that will be a requirement of most of its customers.

[Swissie]

I'd never heard about ISO9001 certification , thanks Clarkkent - will try and find out more. And an excellent idea Cooperlola about getting top up insurance involved. Lisa, I hope you've finally got redress - but what a nightmare this type of situation is in France.

[Sunday Driver]

You might want to check out THIS.

It's the Office National d'Indemnisation des Accidents Médicaux, des Affections Iatrogènes et des Infections Nosocomiales - a government agency set up under the 2002 Loi Koucher (rights of patients) to assist with compensation claims by victims of medical accidents.  It offers a procédure amiable which includes free expertise with the only charges being limited to minor administration costs.

Click on 'Documents' to access a helpful information pamphlet which explains the process.

 

[Swissie]

Thanks SD, did manage to Google them - problem is it seems, that it appears to be a manufacturing fault, not a medical one. In the UK the surgeon/hospital would be responsible for any product used (in this instance a prosthesis).

[mint]

Presumably it was the surgeon/hospital who chose the prosthesis.

It's not as though the patient can try it on and say, yes, I think I'll take that stainless steel one over there, is it?