The suspension of orthopaedic surgeon Dr Philippe Wilmes took centre stage at Wednesday’s meeting of the Parliamentary Health and Social Security Committee, as lawmakers sought clarity on the next steps in the ongoing procedure.
The temporary suspension, imposed by the Ministry of Health, is valid until 22 April, about two months away. Appearing before the committee on Wednesday morning, Minister of Health Martine Deprez briefed MPs on the current state of proceedings, with the main point of contention revolving around who will conduct the expert assessment.
Speaking to reporters after the meeting, Deprez explained that the side of the suspended surgeon selects one expert, while the Ministry of Health appoints another. Ideally, she said, both experts then agree on a third person to join the assessment. Should that not prove possible, the law provides for the option of having a third expert appointed by the court.
During the livestreamed committee meeting, MPs discussed the criteria that the appointed experts must meet. MP Djuna Bernard of the Green Party (Déi Gréng) expressed surprise that the individual chosen by the ministry had not been sworn in as an expert. While Bernard acknowledged that it would be advantageous for experts to have experience in compiling such dossiers, she noted that Minister Deprez appeared not to regard this criterion as particularly important. Bernard stressed, however, that the independence of the experts is crucial, adding that opinions differ on whether the ministry’s appointee meets that standard.
Minister Deprez defended the choice, stating that the ministry had selected an individual from among the “eminent authorities” in orthopaedic surgery. During the meeting, Deprez repeatedly used the feminine form of the Luxembourgish word for “expert”, though she declined to confirm when asked directly whether the expert is indeed a woman.
The minister explained that her ministry identified the expert through the European Society of Sports Traumatology, Knee Surgery and Arthroscopy (ESSKA), which she described as bringing together “the best of the best” among orthopaedists. According to Deprez, the head of the National Health Directorate reviewed available candidates, initially considering three to four individuals before one agreed to take on the role.
Deprez added that Dr Wilmes has been informed of the ministry’s choice by mail and has also received the mission statement outlining the scope of the expert assessment. “We are now awaiting his response,” she said.
Minister Deprez further confirmed that the three appointed experts will be granted full access to approximately ten patient files identified by the Medical Board, which formed the basis for the ministry’s decision to temporarily suspend Dr Wilmes. According to Deprez, the experts may even contact the affected patients directly, provided the individuals consent.
In her view, the expert assessment represents the only viable means of shedding light on the affair. She expressed her personal hope that the experts would find that nothing improper had occurred.
Former health minister Mars di Bartolomeo of the Luxembourg Socialist Workers’ Party (LSAP) has already called for the final expert report to be made public. Describing such a move as “a given,” di Bartolomeo noted that he had handled a similar case during his own tenure and stressed that making such reports public substantially increases transparency. He added that experts must ultimately stand by their findings.
However, one expert remains to be appointed – and time is running short. If the assessment is to be completed before the 22 April deadline, when Dr Wilmes’s temporary suspension expires, the process will need to move forward more quickly.
Separately, an appeal before the administrative court is also ongoing in connection with the case. Minister Deprez declined to comment on this aspect of the proceedings.
