Gynecologist in Les Herbiers Receives Warning for Lost Patient Records

The disciplinary chamber of first instance of the Pays de la Loire Order of Physicians issued a “warning” to a gynecologist practicing in Les Herbiers (Vendée) after she lost medical files during a professional move. The incident highlights the critical importance of maintaining patient data security and adhering to ethical obligations within the medical profession.

The Case

Several former patients of Dr. Mihaela XXX contacted the physician requesting copies of their medical records following the closure of the Esquirol Saint-Hilaire clinic in Agen (Lot-et-Garonne) in late 2022. Dr. XXX, who subsequently practiced at the Saint-Charles clinic and in an office in Les Herbiers, experienced delays in fulfilling these requests. She reported having “misplaced” several medical files, which were initially stored as copies on a “hard drive” that was lost during her relocation.

Patient Complaints and Investigation

Between April 2023 and February 2024, five former patients expressed their dissatisfaction to the Ordre des Médecins (Order of Physicians) through letters, emails, and reminders. The departmental council of Vendée determined that Dr. XXX’s actions disregarded the ethical obligations of the medical profession and initiated a formal complaint.

Ethical and Legal Obligations

The French Public Health Code mandates that physicians protect the confidentiality of medical documents, regardless of their format. It also stipulates a maximum timeframe of “eight days” for providing patients with requested medical records. Pays de la Loire Order of Physicians emphasizes the importance of these regulations.

Resolution and Disciplinary Action

Dr. XXX’s legal counsel assured authorities that all medical data had been recovered. The hard drives containing copies of the files were “found under a pile of files,” and the medical information was also recorded in MediStory, a specialized medical application. Despite the recovery of the data, the disciplinary chamber of first instance of the Pays de la Loire Order of Physicians issued a “warning” to Dr. XXX on November 13, 2025, citing the “seriousness of the breaches committed.”

Importance of Medical Record Management

This case underscores the necessity for healthcare professionals to implement robust systems for managing and safeguarding patient medical records. Proper data management not only ensures compliance with legal and ethical standards but also maintains patient trust and facilitates continuity of care. CMSI Les Herbiers, a local center for immediate care, utilizes secure digital systems to manage patient data.