When the Regional Commission considers that the worsening of the damage resulting from a nosocomial infection causes the victim to suffer permanent physical or mental harm in excess of the percentage mentioned in 1° of article L. 1142-1-1 or death, the Office will make an offer of compensation to the victim or his heirs under the conditions set out in article L. 1142-17 and will reimburse the insurer for the compensation initially paid to the victim.