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Article L3122-3 of the French Public Health Code

The victim informs the Office of any legal proceedings that may be in progress. If legal action is taken, the victim informs the judge that the matter has been referred to the Office. Victims only have the right to take legal action against the Office if their claim for compensation has been rejected, if no offer has been made to them within the period mentioned in article L. 3122-5 or…

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Article L3122-4 of the French Public Health Code

The Office is subrogated, up to the amount of the sums paid, to the rights that the victim has against the person responsible for the loss or damage as well as against the persons obliged in any way to ensure total or partial compensation for the loss or damage, up to the amount of the benefits payable by the said persons. However, the Office may only take action under this…

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Article L3122-5 of the French Public Health Code

The Office is required to make an offer of compensation to any victim referred to in article L. 3122-1 within a period set by decree, which may not exceed six months from the date on which the Office receives full proof of the injury suffered. This provision also applies in the event of aggravation of a loss already covered under the first paragraph of article L. 3122-1. The offer indicates…

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Article L3131-1 of the French Public Health Code

I.-In the event of a serious health threat requiring emergency measures, particularly in the event of a threatened epidemic, the Minister for Health may, by means of a reasoned order, in the interests of public health and for the sole purpose of preventing and limiting the consequences of this threat on the health of the population, prescribe: 1° Any regulatory or individual measure relating to the organisation and operation of…

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Article L3131-3 of the French Public Health Code

Notwithstanding the provisions of article L. 1142-1, healthcare professionals may not be held liable for any damage resulting from the prescription or administration of a medicinal product outside the therapeutic indications or normal conditions of use provided for by its marketing authorisation or temporary use authorisation, or of a medicinal product not covered by either of these authorisations, when their intervention was made necessary by the existence of a serious…

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Article L3131-4 of the French Public Health Code

Without prejudice to any actions that may be brought in accordance with ordinary law, full compensation for medical accidents, iatrogenic conditions and nosocomial infections attributable to preventive, diagnostic or therapeutic activities carried out in application of measures taken in accordance with articles L. 3131-1 or L. 3134-1 is provided by the Office national d’indemnisation des accidents médicaux, des affections iatrogènes et des infections nosocomiales (National Office for Compensation for Medical…

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Article L3131-5 of the French Public Health Code

A fund shall finance the actions required to preserve the health of the population in the event of a serious health threat, in particular those prescribed in article L. 3131-1, as well as the financial compensation to which they may give rise, excluding those provided for by other legislative and regulatory provisions. The conditions for setting up the fund are laid down by the Finance Act or the Social Security…

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Article L3131-7 of the French Public Health Code

Each health care institution has a plan detailing the measures to be implemented in the event of an event that disrupts the organisation of care, particularly during exceptional health situations. This plan enables it to mobilise the response resources appropriate to the nature and scale of the event and to ensure that patients receive optimum care. The provisions of this article apply to army hospitals.

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