Monday's decision by the Council of State to lift the temporary ban on practicing medicine that was imposed by Order of Physicians against a Toulouse-based child psychiatrist for reporting suspicions of abuses to a juvenile judge has been reaffirmed by the Council of State.
This case highlights the legal uncertainty that doctors face when they report suspicions of incest or abuse to the Council of the Order. Parents can also be charged.
Dr. EugenieIzard was sentenced to three months suspension from practicing medicine in December 2020 for making a report regarding an 8-year old patient she was following. This was to the children's judge and not just to the public prosecutor. . The child psychiatrist believed that the father had committed abuse and sent the first report to the public prosecution in October 2014. A second report was sent in March 2015 to the public prosecutor.
In 2015, the father of the child sued the child psychiatrist before the Council of the order. In December 2020, she was sanctioned for violating professional secrecy as well as for "interference with family matters".
The Council of State stated Monday that "the mere fact that this was sent to the juvenile court [...] cannot, in its own right, when the juvenile judges was already seized of this child's situation, characterizes a breach" of he public health code.
He continues, "The December 10, 2020 decision of the National Disciplinary Chamber of the Order of Physicians has been annulled" and "The matter is referred to the National Disciplinary Chamber of the Order of Physicians." Dr Izard stated that doctors should report suspicions of abuse to child protection judges.
She stated that she was still likely to be convicted for interfering with family affairs and being accused of supporting the mother to have her abuse recognized.