I. – The Office shall decide :
1° Whether the act in question was performed within the scope of articles L. 3131-1, L. 3134-1 or L. 3135-1 ;
2° On the existence of a causal link between the harm suffered by the victim and the act of prevention, diagnosis or care carried out in application of measures taken under the provisions of articles L. 3131-1, L. 3134-1 or L. 3135-1 , to which it is attributed.
Where the Office considers that the damage is compensable under articles L. 3131-4 or L. 3135-3, its decision lists the various heads of damage and determines their extent. The decision also specifies whether or not the victim’s condition is consolidated at the date of the decision.
The Office’s decisions rejecting the claim in whole or in part shall state the reasons on which they are based.
II. – Provided that an initial rejection decision has not given rise to an irrevocable court decision, a new decision may be taken by the ONIAM, where appropriate after a new expert assessment, if the damage observed is likely, in the light of advances in scientific knowledge, to be attributed to the act performed under articles L. 3131-1 , L. 3134-1 or L. 3135-1.