July 1, 2022

What we know about the case of the AP-HP surgeon and the Bataclan radio station

The radio of a woman injured in the November 13 attacks was found for sale on a site by an AP-HP surgeon. He has since issued an apology.

A surgeon from the Assistance Publique – Hôpitaux de Paris (AP-HP), Emmanuel Masmejean, posted on a site the X-ray of a woman injured in the Bataclan attack on November 13, 2015, as revealed Mediapart Saturday. According to the investigation site, the radio was on sale for the sum of 2776 dollars, or approximately 2450 euros.

Since then, the AP-HP has condemned this act and announced that a report would be made to the council of the order of doctors and to justice. The associations of victims of the attacks have also made their anger heard. The surgeon, if he wanted to explain his act, recognizes him a “gross error”.

• What was posted?

The image of the radio, which was still available late Sunday afternoon but has now been deleted, was posted on the OpenSea site, a platform specializing in the sale of unique digital objects, called “NFTs” ( “non-fungible token” or in French, “non-fungible tokens”).

On the image we can see a bullet lodged in a forearm. The description of the ad recalls, in English, the day of the November 13 attack, and points out that 41 people were transferred that day to the Georges Pompidou hospital (Paris) where the orthopedist Emmanuel Masmejean. That night, he claims to have operated on five women, including the X-ray patient.

Also according to the description, it is a “young patient, who lost her boyfriend in this attack”. She presents “an open fracture of the left forearm with a remaining Kalashnikov bullet in the soft tissues”, reports Mediapart.

• Why did the surgeon post this x-ray?

Asked by BFMTV about putting this radio online, the surgeon assures us that he had no intention of selling it, that this publication was for “educational purposes, to interest people”. In a press release published on Sunday, he declares that he “destroyed the work in question (less than 48 hours after it was put online). No one could and will not be able to acquire it and I have not derived any profit from it. “.

He had specified earlier to Mediapart to have put a price because it is mandatory to put on sale when posting on OpenSea. The surgeon also confirmed to the media that the patient concerned had not been informed that an X-ray of her had been put online publicly.

Near 20 minutes, he wanted to point out that “on Instagram and on Facebook, there are thousands of Public Assistance radios (…) There are thousands of them, photos of patients, thousands”, supports t -he. “And when you write a scientific publication, you never ask the opinion of Public Assistance, you send it to the journal and it belongs to the journal.”

In his press release, however, he recognizes a “gross error” which he “bitterly regrets”. “I realize that I have completely lost my way in an inept and inappropriate approach which legitimately offended those whom I had the honor of caring for: the victims of attacks”, he writes. With these apologies, he also asks to be able to continue to exercise, because “treating in the context of the public hospital service is my whole life and I wish to be able to continue to serve this vocation”.

• What does the AP-HP say?

The director of the AP-HP Martin Hirsch posted on Saturday the message he sent to the entire hospital group, “so that there is no ambiguity about our indignation”. He condemns a “scandalous act” which is “unethical, calls medical secrecy into question” and “goes against the values ​​of the AP-HP and public service. We consider it to be exceptional seriousness”.

At the same time, he announces to seize the national order of doctors, the ministers “who have disciplinary power”, and “justice in application of article 40 of the Penal Code”. The latter says that any “constituted authority, any public officer or civil servant who, in the exercise of his functions, acquires knowledge of a crime or misdemeanor is required to give notice thereof without delay to the public prosecutor. and to transmit to this magistrate all the information, reports and acts relating thereto”.

“Such behavior is unworthy and offends our conception of public service. It would be scandalous in all circumstances, and for any patient”, writes Martin Hirsch adding that it “takes on an even more abject resonance in the context of the trial in course and what the victims of these attacks endured”.

• And the victims’ associations?

“We find ourselves six years after the fact with a person, a surgeon, who will have the audacity to go and get a photo and go to cash in on it. We are at the bottom of the earth”, declares on BFMTV Maître Jean Reinhart, lawyer for the association of victims 13onze15, who also lost his nephew at the Bataclan. “We are necessarily happy that the surgeon has to answer these questions with the whole of the medical profession”, continues the council, wondering if “it was an act not considered, what could have happened in his head… It’s true that we are quite impatient to understand”.

“It’s quite shocking, especially coming from a surgeon who operated on the injured, who saw horrors that evening”, declares on BFMTV Mohamed Zenak, member of this association, father of one of the victims. , injured at the Comptoir Voltaire.

The Life For Paris association also published a statement, in which she says she stands alongside the victim of the attack “today also a victim of the stupidity and greed of a ‘doctor'”. According to the organization, the patient that we see on the radio, “reserves the right to take legal action against whom it may concern”.

Salome Vincendon BFMTV journalist