All written complaints and claims addressed to the establishment are forwarded to its legal representative. The legal representative either responds as soon as possible, informing the complainant of the possibility of referring the matter to a mediator, or informs the person concerned that he or she is going to refer the matter to a mediator. The institution’s legal representative informs the person lodging the complaint or claim that he or she may be accompanied by a user representative who is a member of the users’ commission, for the meeting with the mediator provided for in article R. 1112-93.
The doctor mediator is competent to deal with complaints or claims that exclusively concern the organisation of care and the medical operation of the service, while the non-physician mediator is competent to deal with complaints or claims that do not concern these issues. If a complaint or claim concerns both mediators, it is referred to them simultaneously.