This case could have important implications for the case law regarding doctors and scientists accused of misconduct. Dr. Benoît Ochs recently gave an interview to Michel Caulea from the "BAM!" to discuss this case and the twists and turns he has faced.

In 2021, Benoît Ochs was sentenced to a one-year suspension from his medical practice following accusations related to his public speech and his treatments that did not comply with article 12 of the code of medical ethics. However, the Ordre des Médecins pursued the case by asking for a suspension of two additional years, this time for statements concerning vaccines for children.

An unexpected turnaround

During a hearing held on March 1, 2023, Dr. Ochs was faced with an unexpected situation. The tribunal was composed of medical experts chosen by the Order of Physicians as well as a judge whose bias was questioned. This same judge had previously called him a conspirator in another case and made damaging comments against him. This raised doubts about the judge's impartiality in this case.

The Court of Appeals has made a surprising decision in favor of Dr. Ochs. Not only did the prosecutor request the withdrawal of the judge in question, but he also questioned the entire composition of the court established by the Order of Physicians. This exceptional situation opened the way to the possibility of accusations of denial of justice and considerably weakened the position of the Order of Physicians.

read the article