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Article L1142-25 of the French Public Health Code

Failure to comply with the insurance obligation set out in article L. 1142-2 is punishable by a fine of 45,000 Euros. Natural persons guilty of the offence referred to in this article shall also be liable to the additional penalty of disqualification, in accordance with the provisions ofarticle 131-27 of the French Penal Code, from engaging in the professional or social activity in the exercise of which, or in the…

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Article L1142-26 of the French Public Health Code

Legal entities found to be criminally liable, under the conditions set out in article 121-2 of the French Penal Code, for the offence defined in article L. 1142-25 shall incur, in addition to the fine set out in article 131-38 of the French Penal Code, the penalty set out in 2° of article 131-39 of the same code. The ban imposed in this respect shall apply to the activity in…

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Article L1142-27 of the French Public Health Code

The use by a person who is not registered on the list of medical accident experts provided for in articles L. 1142-10 and L. 1142-11 of the name mentioned in the penultimate paragraph of article L. 1142-11, or of a name so similar as to cause the public to misunderstand that name, is punishable by the penalties provided for inarticle 433-17 of the French Penal Code.

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Article L1142-28 of the French Public Health Code

Actions seeking to establish the liability of health professionals or public or private health establishments in connection with preventive, diagnostic or therapeutic acts and claims for compensation brought before the Office national d’indemnisation des accidents médicaux, des affections iatrogènes et des infections nosocomiales (National Office for Compensation for Medical Accidents, Iatrogenic Diseases and Nosocomial Infections) pursuant to II of article L. 1142-1 and Articles L. 1142-24-9, L. 1221-14, L. 3111-9,…

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Article L1142-29 of the French Public Health Code

An observatory of medical risks is attached to the Office national d’indemnisation des accidents médicaux, des affections iatrogènes et des infections nosocomiales, the purpose of which is to analyse data relating to medical accidents, iatrogenic conditions and nosocomial infections, their compensation and all the consequences, in particular financial consequences, arising from them. This data is communicated in particular by the insurers of the healthcare professionals and organisations mentioned in article…

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Article L1142-30 of the French Public Health Code

With a view to studying the risks associated with healthcare as part of their duties, the authorities, establishments and bodies on a list established by decree shall have access, at their request, to the medical assessment files drawn up by the conciliation and compensation commissions or by the Office national d’indemnisation des accidents médicaux, des affections iatrogènes et des infections nosocomiales (National Office for Compensation for Medical Accidents, Iatrogenic Diseases…

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Article L1143-1 of the French Public Health Code

Subject to this chapter, Chapter I of Title V of Law No 2016-1547 of 18 November 2016 on the modernisation of justice for the 21st century and Chapter X of Title VII of Book VII of the Code of Administrative Justice shall apply to actions brought on the basis of this chapter.

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Article L1143-2 of the French Public Health Code

An association of users of the healthcare system approved pursuant to article L. 1114-1 may take legal action to obtain compensation for individual losses suffered by users of the healthcare system who are in a similar or identical situation and whose common cause is a failure by a producer or supplier of one of the products mentioned in II of article L. 5311-1 or by a service provider using one…

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Article L1143-3 of the French Public Health Code

In the same decision, the court finds that the conditions mentioned in article L. 1143-2 have been met and rules on the defendant’s liability in the light of the individual cases presented by the claimant association. It shall define the group of users of the healthcare system in respect of whom the defendant is liable and shall set the criteria for inclusion in the group. The judge determines the bodily…

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Article L1143-4 of the French Public Health Code

In the decision referred to in the first paragraph of Article L. 1143-3, the court shall set the time limit within which users of the healthcare system who meet the criteria for inclusion and who wish to rely on the judgment provided for in Article L. 1143-3 may join the group in order to obtain compensation for their losses. This period, which may not be less than six months or…

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