Professor Masmejean was sentenced to pay a fine of 5,000 euros to the survivor of the Bataclan attack whose x-ray he had published on a site selling digital objects NFT.
Emmanuel Masmejean, surgeon emeritus since 1995, was sentenced on Wednesday to pay 5000 euros to a former patient whom he had operated on the arm after the Bataclan attack on November 13, 2015. The Paris court has indeed convicted of having published, six years after the medical intervention, the x-ray of the victim’s forearm on a site selling NFT digital objects.
This financial compensation is due to him within six months, beyond which Emmanuel Masmejean will be liable to two months’ imprisonment if the sentence is not executed.
“He does not deserve to be sentenced to social death”
The president of the correctional chamber did not follow the requisitions of the public prosecutor who had asked during the hearing on September 28 for a year of suspended imprisonment, a fine of 15,000 euros and a ban on exercise for a period of one year for Professor Emmanuel Masmejean, renowned orthopedic surgeon.
No sentence of disqualification, even temporary”, was pronounced against the surgeon because it would have been “disproportionate and unsuitable”, and in order not “to exclude Emmanuel Masmejean from all social life”. “He does not deserve to be condemned to social death,” insisted Sylvie Moisan.
On sick leave and suspended by the AP-HP, the surgeon appeared before the Order of Physicians on September 29 and the decision is “still pending”, according to his lawyer, Ivan Terel.
The surgeon, officiating at the Georges-Pompidou European Hospital in Paris, was prosecuted for breach of medical secrecy, misappropriation of the purpose of processing personal data and voluntary illegal disclosure of harmful personal data. He was accused of having published at the end of 2021 on the American site of NFT Opensea – which has 20 million users, according to the court – a photo of the radio of a woman injured in the Bataclan concert hall during the attacks. of November 13, 2015 which he himself had operated on.
The photo showed a forearm pierced by a Kalashnikov bullet, accompanied by a comment indicating that “this young patient” “lost her boyfriend in this attack”, or “elements of the patient’s private life”. The court recognized the guilt of the defendant on the facts of violation of medical secrecy but did not consider as demonstrated the offenses related to personal data.
“A very politically correct judgment”
“It’s a very politically correct judgment,” said Elodie Abraham, the victim’s lawyer. “We have a surgeon, good in every way, and it doesn’t bother anyone that there is such a flagrant violation of medical confidentiality. It’s not a very good message for doctors” in terms of ethics, he said. she estimated.
During the hearing at the end of September, Professor Masmejean had recognized “bullshit, an error, a clumsiness” arguing that it was an “experiment”, that of “putting a striking and historical medical snapshot” of his career on a “blockchain”. The snapshot, estimated at 2776 dollars (i.e. the value 1 of an NFT) had not been sold. It had been removed as soon as the affair was revealed by the news site Mediapart in January.
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A surgeon sentenced for having published on the Internet the radio of a Bataclan survivor
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