On Monday 26 January 2026, the Federation of Luxembourg Hospitals (FHL) and law firm Turk & Prum issued statements in relation to the temporary suspension of a hospital doctor and emphasised that fundamental principles must be respected.
Orthopaedic surgeon Dr Philippe Wilmes was suspended by Luxembourg’s Ministry of Health and Social Security on Thursday 22 January 2026 following accusations of acts of mutilation and offences punishable under the Criminal Code.
In its statement the FHL highlighted that patient safety, patient protection, the presumption of innocence, the therapeutic freedom of practitioners and the legal and ethical responsibility of healthcare institutions are fundamental principles of medical practice. It strongly reaffirmed that therapeutic freedom is an essential principle of medical practice as it ensured the doctor’s ability to tailor care to the specific needs of each patient and maintain independence in diagnostic and therapeutic decisions, in accordance with established scientific knowledge and good practice recommendations.
The FHL added that suspension measures must not be used to sanction a difference of scientific opinion, a motivated and documented therapeutic innovation or individualised care that remains within the framework of good practice.
The FHL said that by defending the precautionary principle, therapeutic freedom and institutional responsibility simultaneously, it reaffirmed its commitment to promoting a culture of safety and quality of care, based on transparency, collegiality and respect for all actors within the healthcare system. It stressed that patient safety constitutes the absolute priority of hospital institutions.
The federation called for an objective clarification of the current case and supported the Medical Council in its important role as a self-regulatory body, reiterating the need for a thorough reform of the legal framework governing this Council, and stated that in applying the precautionary principle, it is not a question of presuming the doctor’s guilt, but of preventing any serious and immediate risk to patients while awaiting the conclusions of ongoing procedures and investigations.
In response to the decision to suspend Dr Wilmes, François Prum of Luxembourg-based law firm Turk & Prum issued a letter to Luxembourg Minister of Health Martine Deprez on behalf of its client Dr Wilmes.
In the correspondence, François Prum said: “In taking this decision, you disregarded the defence arguments submitted, including the formal irregularities committed by the Medical Council. You based your decision on mere anonymous allegations of a particularly serious nature, according to which my client is alleged to have committed acts of mutilation, offences severely punishable under the Criminal Code, without allowing him to present his observations as required by law. Following the serious and unfounded accusations made publicly against my client, the Luxembourg Public Prosecutor’s Office issued a particularly clear statement on Friday 23 January 2026. We have thus learned that the Medical Council simultaneously referred the same facts to the Public Prosecutor’s Office as those it submitted to you on Tuesday 16 December 2025.”
He added: “Contrary to your assessment, which is based on anonymous allegations, the State Prosecutor reiterates a fundamental principle of our constitutional state: the presumption of innocence. After a careful analysis of the case file, the Public Prosecutor’s Office invites the Medical Council to do the same and, if necessary, to conduct an adversarial disciplinary procedure. Unlike your position, the Public Prosecutor’s Office notes ‘that the concrete and objective elements required to establish the existence of criminal offences against the doctor concerned are lacking’. There is therefore neither imminent danger nor any risk to public health, which are the conditions required to order a temporary suspension within the meaning of Article 16(2) of the Law of 29 April 1983. ”
In closing, François Prum stated: “Your decision is therefore unlawful and causes serious and irreversible harm to Dr Philippe Wilmes. For the reasons set out above, we request that you reconsider your decision of Thursday 22 January 2026 and lift, with immediate effect, the suspension imposed, in order to allow Dr Wilmes to continue fully his professional activity as a specialist orthopaedic surgeon.”
