The percentage mentioned in the last paragraph of Article L. 1142-1 is set at 24%.
A medical accident, an iatrogenic condition or a nosocomial infection which has resulted, for a period of at least six consecutive months or six non-consecutive months over a period of twelve months, in a temporary cessation of professional activities or temporary discomfort constituting a temporary functional deficit equal to or greater than 50% is also deemed to be of the serious nature referred to in II of article L. 1142-1.
Exceptionally, the seriousness of the injury may be recognised:
1° When the victim is declared permanently unfit to carry out the professional activity that he/she was carrying out before the medical accident, iatrogenic condition or nosocomial infection occurred;
2° Or when the medical accident, iatrogenic condition or nosocomial infection causes particularly serious problems, including economic problems, in the victim’s living conditions.