I. – Except in cases where their liability is incurred due to a defect in a health product, the health professionals mentioned in part four of the present code, as well as any establishment, service or organisation in which individual preventive, diagnostic or care acts are performed, are only liable for the harmful consequences of preventive, diagnostic or care acts in the event of fault.
The aforementioned establishments, services and organisations are liable for damage resulting from nosocomial infections, unless they can prove an extraneous cause.
II. – When a professional, an establishment, a service or a body mentioned in I or a producer of products is not liable, a medical accident, an iatrogenic condition or a nosocomial infection entitles the patient and, in the event of death, the patient’s dependants to compensation under the national solidarity scheme, when the damage is directly attributable to preventive, diagnostic or therapeutic acts and when it is directly attributable to the patient’s fault, diagnosis or treatment and have had abnormal consequences for the patient in terms of his state of health and its foreseeable development, and are of a serious nature, as determined by decree, assessed in terms of the loss of functional capacity and the consequences for private and professional life, measured in particular by taking into account the degree of permanent impairment of physical or mental integrity, the duration of the temporary cessation of professional activities or the duration of the temporary functional deficit.
A person is entitled to compensation under the national solidarity scheme if the degree of permanent physical or mental impairment exceeds a percentage of a specific scale set by decree; this percentage, which may not exceed 25%, is determined by the said decree.