Besançon. Botched Hemorrhoid Surgeries: Dr. Clemens Still Banned From Operating
The news is greeted with applause in the courthouse lobby. Satisfaction for Dr. Clemens' patients. There is emotion, reflecting the pain some of them seem to have endured.
Johan Burmecha, 49, who was operated on seven years ago by the Besançon proctologist, confirms: "It's a good decision, we all wanted him to stop operating and we continue to fight for that."
Under investigation since 2024 for unintentionally injuring dozens of patients after hemorrhoid surgeries, Luc Clemens was allowed to continue practicing medicine, but no longer operate. Disagreeing with this deprivation, he challenged the decision before the investigating chamber of the Besançon Court of Appeal. After an initial adjournment in mid-August, the hearing took place this Wednesday, and the court upheld the doctor's ban on performing any surgery.
Accused of performing haemorrhoid operations, the proctologist, who remains presumed innocent at this stage of the proceedings , wanted to be able to perform surgical procedures in urology, a speciality in which he is qualified. The aim was to be able to respond to a job offer from a clinic in Vaucluse.
Luc Clemens, who was absent from the hearing, was represented by his lawyer, Xavier Flécheux . The latter stated that he was not surprised by the decision. "We will resubmit a request for modification of the judicial review before the investigating judge as soon as the first expert reports are issued," the lawyer stated. " Dr. Clemens' practice in urological surgery has been validated by a panel of experts and by the National Council of the Order of Physicians. There is no reason to prevent him from practicing as a urological surgeon." Mr. Flécheux added that his client had "never been implicated" in the field of urology.
Around forty of Dr. Clemens's patients traveled to the Besançon courthouse this Wednesday. Some of them, not having filed a civil suit within the strict framework of the judicial investigation, were unable to attend the hearing. They did not hide their annoyance. They also regretted the absence of Luc Clemens. Before expressing their relief when the decision was announced.
At least 71 victims
"In total, 71 victims were identified as part of the investigation," says Olivier Levy, lawyer for several patients. "We can count at least thirty more complaints if we include the civil aspect of the case."
The lawyer adds that not all patients seeking compensation for their injuries will go to criminal court. Meanwhile, the judicial investigation will continue in the coming months. "A panel of Parisian experts will have to decide whether or not there was medical malpractice that would constitute a criminal offense," adds Olivier Levy, who also welcomed the decision of the investigating chamber prohibiting the practitioner from operating.
Le Progres
