'Outright illegal'Surgeon's lawyer challenges three-month suspension by health minister

RTL Lëtzebuerg
adapted for RTL Today
Dr Philippe Wilmes, an orthopaedic surgeon and local politician, has been formally suspended for three months by ministerial decree after accusations of "acts of a mutilating nature", a decision his lawyer vows to challenge as "outright illegal."
© Pavel Horak / Wavebreakmedia

There are new developments concerning a Robert Schumann hospital group (HRS) surgeon who was recently suspended. The suspended individual is Dr Philippe Wilmes, a specialist in orthopaedic surgery.

While his identity had not previously been disclosed, his lawyer has now publicly confirmed it following recent revelations. Beyond his medical practice, Philippe Wilmes currently serves as a municipal councillor in Leudelange and acted as a healthcare portfolio consultant for the Democratic Party (DP) during the 2023 coalition negotiations. He is also a former vice-president of the Association of Doctors and Dentists (AMMD) and a co-founder of the company behind the controversial “FindelClinic” project.

RTL has obtained a copy of the ministerial decree, signed by Health Minister Martine Deprez last Thursday, 22 January. The decree formally revokes the doctor’s authorisation to practise medicine for a three-month period, specifically relating to his work as an orthopaedic surgeon.

In her reasoning, which spans a page and a half, the Minister states that “the accusations appear well-founded and plausible.” The document reveals that the Medical Board had already issued an opinion on the matter on 16 December of last year – a date confirmed by the public prosecutor’s office in a press release last Friday.

The prosecutor’s office stated that after analysing the file, it concluded the doctor could not be accused of any criminal offences and that no criminal proceedings would be initiated.

Nevertheless, in her decree, the Minister writes that there is suspicion the doctor’s procedures could be classified as “acts of a mutilating nature”, i.e., mutilations. She adds that three doctors – two orthopaedic specialists and one radiology specialist – have confirmed the reported facts.

The doctor has one month to appeal the ministerial decree. His lawyer, who had already responded on Friday morning, characterised the partial suspension of his client’s licence as “a serious violation of the fundamental principles of the rule of law.” He described the decision as arbitrary and disproportionate, arguing it would cause lasting and unjustified damage to the doctor’s reputation. As a result, they intend to challenge both the accusations and the procedure at the Administrative Court.

Dr Wilmes has also been temporarily suspended internally by the HRS. The presumption of innocence applies.

Meanwhile, the lawyer informed the Luxemburger Wort newspaper – which also obtained a copy of the decree – that the Medical Board is due to meet on Monday, where the doctor will have the opportunity to be heard.

The lawyer has since formally addressed Minister Deprez, demanding the immediate withdrawal of the suspension. He contends the decision is based on anonymous denunciations and that his client has not had the opportunity to respond to the serious allegations. Additionally, he cited the public prosecutor’s statement that no criminally relevant elements were found in the case. According to the lawyer, the decision to suspend the doctor by ministerial decree is “outright illegal.”

Read also

Back to Top
CIM LOGO