HEALTH LAW AND BIOTECHNOLOGIES

Bismuth Associés have developed an acknowledged competence in Health law, structured around three main areas :

Health companies and institutions law :

For many years the firm has advised, assisted and defended medical institutions, medico-social institutions, health professionals, in public or private law, participating or not to the public medical service and without distinction of status or dimension. With a real knowledge and experience in health, Bismuth Associés lawyers act in : - the creation of health sites (urban-planning, construction, PPP, government contracts, logistic and sanitary cooperation…) - organising and securing inter-hospital cooperations and networks (technical board, healthcare, PUI, HAD, MPR…..), - settting up and assisting in the evolution of medical and hospital information systems, assisting our clients confronted to issues related to subsidization (T2A-PMSI et CCAM), securing and making durable relationships between medical institutions and professionals and paramedics (public status, liberal practice, employed) Thus they acquired a competence in :
- creation of cooperative structures, which are appropriate and adapted, such as GIE (conventional radiology, scanner and IRM….), GCS in different healthcare and specialised fields, GIP for logistic services (dry-cleaning, …),
- assisting our clients before guardianship authorities, paying systems or decision-making bodies (through SROS, CPOM, sanitary authorisations, external control and litigation T2A/CCAM),
- negotiating and writing liberal practice contracts with doctors, setting up a liberal activity for hospital doctors, evaluating medical institutions (internal auditing for the HAS certification),
- writing different calls to tender and following up the execution of government contracts, acting and pleading before administrative jurisdictions, whether they are civil or penal courts or doctors' governing bodies regarding health-related litigation.

Biotechnologies Law :

The development of technologies and the constant progress of scientific possibilities have enabled the set-up of new medical and scientific techniques. These new techniques are bound to raise issues on a legal or ethical level.

Bismuth Associés have helped their clients with the following issues :
Medical devices, AMM,
Cloning/therapeuthic cloning,
testing protocol,
patenting of the living (genome, living system…)
medically assisted procreation
Building on these cross-curricular competence in intellectual property law, new technologies and health law, Bismuth Associés offer companies in the field of living sciences an appropriate assistance, adapted to the legal and regulatory issues linked to their activities.

Medical liability law

For many years, Bismuth Associés have been working for insurance companies and health institutions. They have assisted their clients before civil jurisdictions, whether penal or administrative.

Bismuth Associés was called upon to :
- determine the impact of new technologies on the management of computerised medical files
- analyse the obligation to inform patients which weighs on doctors
- study the government bill regarding the health system modernisation, especially the medical risk compensation. This bill aims to create a fund to financially compensate victims of severe medical accidents occuring from medical mistakes.

This is a valuable experience to audit, advise and assist health-related companies and professionals in the management of hospital, pharmaceutical, biological and medical risks (vigilance, nosocomial infections, sterilisation…)

In conclusion :

Because law is not an omnipotent tool or is a tool which completes other elements, the firm has developed appropriate and durable partnerships, especially with consultants in hospital organisation or information system, tax specialists, accountants and medical experts in order to provide their clients with a solution adapted to their needs and specialisations.
Because law in general and health law in particular are in constant evolution, consultants in our health law department conduct training sessions and get involved with passion in the health sector by participating to several symposiums and seminars in France or abroad.