A complaint may be lodged with the Commission by any person who considers himself to be the victim of damage attributable to a preventive, diagnostic or health care activity or, where applicable, by his legal representative in the case of a minor. A claim may also be lodged by the legal successors of a person who has died as a result of a preventive, diagnostic or care activity. If the victim is an adult subject to a legal protection measure with representation, the person in charge of this measure may also refer the matter to the commission.
The person concerned must indicate his or her status as an insured person and the social security organisations to which he or she is affiliated for the various risks. They must also inform the Commission of any benefits received or to be received from other third-party payers in respect of the damage they have suffered.
The person must inform the Regional Commission of any legal proceedings relating to the same facts that may be in progress. If legal action is taken, the person concerned must inform the judge that the matter has been referred to the Commission.
Referral to the Commission suspends the limitation periods and the time limits for appeals until the procedure provided for in this chapter has been completed.