Medical Law Practice · Healthcare professional defence

Complaint, liability claim, disciplinary proceedings: we defend your practice and your reputation.

A patient files a complaint. The Collège médical opens an investigation. A liability claim lands on your desk. Every day without a clear strategy is a day too many. We step in quickly to structure your defence and protect what you have built.

Defend my case Understand my exposure
What is at stake goes beyond the file

A complaint does not just threaten a case. It threatens a career.

You have invested years in your training, in building your reputation and your patients' trust. A complaint, disciplinary proceedings or a liability claim can put all of that at risk.

We understand: beyond the legal file, it is your ability to practise, your professional standing and your personal peace of mind that are on the line. And in a country like Luxembourg, where the medical community is tight-knit, the consequences of poorly managed proceedings extend far beyond the courtroom.

That is why we approach your defence with two priorities.

Protecting your right to practise. Whether the threat comes from the Collège médical, a patient or a colleague, our goal is to ensure you can continue practising under the best possible conditions.

Preserving your reputation. In every strategic decision — responding to the Collège médical, negotiating with a patient, managing media exposure — we factor in the impact on your professional standing.

Situations we handle

Civil liability, criminal exposure and disciplinary proceedings.

A healthcare professional can face challenges on several fronts simultaneously. We cover all of them.

Disciplinary

Disciplinary proceedings before the Collège médical

Doctors, dentists, pharmacists, psychotherapists. The Collège médical can open an investigation following a patient complaint, a report from a colleague, a referral from the public prosecutor or on its own initiative. The stakes: sanctions ranging from a warning to a temporary or permanent ban from practice. We ensure your fundamental rights are upheld at every stage.

Our role — Assistance from the investigation phase, preparation of your defence, representation before the Conseil de discipline and, where necessary, before the Conseil supérieur de discipline on appeal.

Civil

Professional civil liability

A patient or their family seeks compensation for harm before the civil courts. The stakes: a damages award, with repercussions on your professional insurance and your reputation.

Our role — Review of the medical file, coordination with your insurer, preparation of the medical expert assessment, negotiation or court defence.

Criminal

Criminal proceedings

In the most serious cases, a healthcare professional may face criminal prosecution for involuntary homicide or injury. The stakes add to the disciplinary and civil consequences.

Our role — Criminal defence before Luxembourg courts, coordinated with disciplinary and civil defence to ensure a consistent strategy.

Insurance

Relations with your professional liability insurer

Your insurer is an essential ally, but its interests are not always perfectly aligned with yours. We ensure that the handling of your claim remains consistent with your interests.

Our role — Claim notification, monitoring insurer communications, verifying that strategic choices serve your long-term interests.

Prevention

Compliance and prevention

Before any dispute arises, we help you secure your practice: review of deontological obligations, informed consent procedures, documentation compliance. The best defence starts before the complaint.

Our role — Deontological compliance audit, review of patient information practices, training on legal obligations.

How we structure your defence

Responsive from day one, rigorous to the last.

A professional complaint is managed like a strategic operation. Every decision matters, every communication counts. Here is how we proceed.

01

Assessment and urgent strategy

From your first call, we analyse the nature and severity of the threat. We identify current or anticipated proceedings (disciplinary, civil, criminal) and define an immediate defence strategy. If deadlines are running, we secure them.

Outcome — Within 48 hours, you have a clear roadmap: what is at stake, what we recommend and what it will cost.
02

Building the defence file

We gather and analyse all relevant materials: the patient's medical file, correspondence, expert reports, communications with the Collège médical or your insurer. We identify your defence arguments and any weaknesses in the opposing case.

Outcome — A solid, documented and well-structured defence file.
03

Active defence

Depending on the agreed strategy, we take action: responses to the Collège médical, negotiations with the patient or their lawyer, hearings before the Conseil de discipline, pleadings before civil or criminal courts. At every stage, you approve the strategic decisions.

Outcome — A defence conducted with determination, aligned with your strategy.
04

Resolution and follow-up

Case dismissed, acquittal, negotiated agreement or decision rendered: we review the outcome with you. If an appeal is warranted (before the Conseil supérieur de discipline or a higher court), we support you. We also advise on measures to prevent recurrence.

Outcome — Closure of your case and practical recommendations for your ongoing practice.
Predictable fees for your defence

You know what your defence will cost before it begins.

In professional defence matters, budget uncertainty adds stress to an already difficult situation. We operate differently.

Initial assessment

The first meeting to analyse your situation and define the strategy is charged at a fixed rate stated in advance. You then make your decision fully informed.

Full defence — fee per phase

We divide your defence into phases (investigation, disciplinary hearing, civil proceedings, appeal) and each phase has its own fixed fee. You approve each stage before moving to the next. No open-ended billing, no surprises.

Insurance coverage

In civil liability cases, your professional insurance may cover all or part of the defence costs. We help you optimise this coverage.

Transparency at every stage

Detailed quote before any engagement. Cost tracking on your secure client portal. Billing that matches the quote.

Why entrust us with your defence

An approach built for healthcare professionals.

i.

Knowledge of Luxembourg's disciplinary landscape

The Collège médical, the Conseil de discipline, the Conseil supérieur de discipline: we know these bodies, their procedures and their case law. This knowledge makes a material difference in preparing your defence.

ii.

Cross-front coordination

Disciplinary, civil, criminal, insurance: we manage all fronts in a coordinated manner. A decision taken in one arena must not weaken your position in another.

iii.

Responsiveness and availability

A summons from the Collège médical cannot wait. We commit to short response times and direct access to your lawyer, without filters.

iv.

Absolute discretion

In a professional community as close-knit as Luxembourg's, confidentiality is vital. Our communications, tools and processes are designed to guarantee it.

Frequently asked questions

Questions healthcare professionals ask.

We recommend that you do not respond alone to a letter from the Collège médical if it suggests that a disciplinary investigation is being considered. Every word counts. Contact us first: we analyse the letter, identify the issues and prepare a response that protects your rights — including your right to be informed of the specific allegations and your right to be heard under adversarial principles.

Yes. The same situation can trigger disciplinary proceedings before the Collège médical, a civil compensation claim by the patient and, in the most serious cases, criminal prosecution. These proceedings are independent but their outcomes can influence one another. That is why a coherent defence strategy across all fronts is essential.

Your professional liability insurance typically covers defence costs in civil liability claims. However, the insurer often appoints its own lawyer, and its strategy may favour a quick settlement even if that is not in your long-term interest. For disciplinary proceedings, your insurance does not intervene. We can work alongside the insurer-appointed lawyer or handle your entire defence ourselves.

Disciplinary sanctions range from a warning to a permanent ban from practice, including reprimand, fine and temporary suspension. The sanction depends on the severity of the facts, your disciplinary history and the circumstances. An appeal is possible before the Conseil supérieur de discipline.

Yes. Disciplinary proceedings before the Collège médical are subject to a five-year limitation period from the date the relevant conduct occurred. However, if the conduct also constitutes a criminal offence, the disciplinary limitation period cannot expire before the criminal limitation period. The question of limitation has given rise to significant case law in Luxembourg, particularly regarding the concept of a continuing offence.

It depends on the circumstances. In some cases, direct and well-managed communication with the patient can defuse the conflict. In others, it is better to prepare for formal proceedings. We assess your situation and advise on the best approach: dialogue, mediation through the Health Mediation Service or preparation of a defence.

Disciplinary proceedings before the Collège médical are in principle confidential. Hearings before the Conseil de discipline are not public. However, decisions may be communicated under certain conditions. Civil and criminal hearings are in principle public. We factor these parameters into your defence strategy.

First contact

Facing an allegation? Do not wait.

The earlier we intervene, the better we can structure your defence and protect your interests. Contact our medical law practice for a confidential assessment of your situation. We respond within 24 hours.

Defend my case Discover the practice