The provisions of this section do not apply to the sponsor of research involving the human person, who may be held liable in accordance with the first paragraph of article L. 1121-10 and who is subject to the insurance obligation provided for in the third paragraph of the same article. Persons who suffer damage in the context of research involving the human person may assert their rights in application of…
I. – The system of compensation for harm suffered by patients under the national solidarity scheme referred to in II of article L. 1142-1 and in articles L. 1142-1-1 and L. 1142-15 does not apply to claims for compensation for harm attributable to procedures with no contraceptive, abortive, preventive, diagnostic, therapeutic or reconstructive purpose, including their preparatory or follow-up phase. II. – However, recourse to the commissions mentioned in article…
Any person who has suffered harm or who considers him/herself to have suffered harm as a result of a preventive, diagnostic or healthcare activity, or his/her heirs if the person has died, or, where appropriate, his/her legal representative if the person is a minor, must be informed by the professional, health establishment, health services or body concerned of the circumstances and causes of the harm. If the victim is a…
In each region, one or more conciliation and compensation commissions are responsible for facilitating the amicable settlement of disputes relating to medical accidents, iatrogenic conditions and nosocomial infections, as well as other disputes between users and healthcare professionals, healthcare establishments, healthcare services or organisations or producers of healthcare products mentioned in articles L. 1142-1 and L. 1142-2. However, an order by the Minister for Health and the Minister for Social…
The Regional Commissions for Conciliation and Compensation of Medical Accidents, Iatrogenic Diseases and Nosocomial Infections are chaired by a magistrate from the administrative order or a magistrate from the judicial order, in active service or honorary. In particular, they include representatives of patients and users of the healthcare system, healthcare professionals and managers of healthcare establishments and services, as well as members representing the office instituted in article L. 1142-22…
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…
Where the damage suffered is of the serious nature referred to in II of Article L. 1142-1, the Commission will issue an opinion on the circumstances, causes, nature and extent of the damage, and on the applicable compensation scheme. The opinion of the Regional Commission is issued within six months of the referral. It is sent to the person who referred the matter, to all persons involved in the dispute…
Before issuing the opinion provided for in Article L. 1142-8, the Regional Commission shall commission an expert opinion under the conditions provided for in Article L. 1142-12. The Regional Commission may obtain any document, including medical documents. It may ask the president of the court or his delegate to authorise one or more of the experts mentioned in article L. 1142-12 to carry out an autopsy in order to investigate…
A National Commission for Medical Accidents, attached to the Ministers of Justice and Health, made up of health professionals, user representatives and qualified persons and whose chairman is appointed by the Minister of Justice and the Minister of Health, decides on the inclusion of experts on a national list of medical accident experts after assessing their knowledge. It contributes to the training of these experts in medical liability, under conditions…
I.-Experts may apply to be included on the national list of medical accident experts if they can prove that they have a qualification that includes an assessment of their knowledge and professional practices. This registration is valid for five years and may be renewed. Renewal is subject to a new assessment of knowledge and professional practice. However, a probationary entry may be made in advance for a limited period. The…
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is a Registered Trademark of
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75001, Paris France
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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