I. – When the competent court, seised of a claim for compensation for the harmful consequences of acts of prevention, diagnosis or care in a health care institution, considers that the damage suffered is compensable under II of Article L. 1142-1 or under Article L. 1142-1-1, the Office shall be summoned to the proceedings if it was not initially summoned. It becomes a defendant in the proceedings.
When it follows from the court’s decision that the Office compensates the victim or his beneficiaries under article L. 1142-1-1, the Office may not take recourse action against the professional, the healthcare establishment, the service or the body concerned or its insurer, except in the event of proven fault at the origin of the damage, in particular a clear breach of the obligations laid down by the regulations on the control of nosocomial infections. The Office shall immediately report the nosocomial infection to the Director General of the Regional Health Agency.
II. – When the competent court, seised of a claim for compensation for the harmful consequences of the aggravation of a nosocomial infection, considers that the damage suffered is compensable under 1° of article L. 1142-1-1, the Office is called into the case and reimburses to the insurer, where appropriate, the compensation initially paid to the victim.
III. – When the competent court, seised of a claim for compensation for the harmful consequences of acts of prevention, diagnosis or care in a health establishment, considers that the damage is attributable to a self-employed health professional under I of article L. 1142-1 of this Code and that the compensation exceeds the ceilings of the cover provided by the insurance contracts of this professional or that the period of validity of the cover provided by the insurance contract mentioned in the fifth paragraph of article L. 251-2 of the Insurance Code has expired, the fund instituted by article L. 426-1 of the same Code is called into the case if it had not been initially. It becomes a defendant in the proceedings.